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C-3644 - Pipeline Master Plan Replacement Project - Seashore Drive between 34th Street to Cedar Street and Ocean Front Alley between 23rd Street to 32nd Street
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkess. MMC June 28, 2006 Majich Bros., Inc. P. O. Box 337 Altadena, CA 91003 Subject: Water Pipeline Master Plan - Replacement Seashore Drive (C -3644) To Whom It May Concern: On June 28, 2005, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on August 11, 2005. The Surety for the contract is First National Insurance Company of America, and the bond number is 6254773. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. 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 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 BOND NO. 6254773 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 13.959.00 , being at the rate of $ 25/N. 15/M and 10 /M thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Majich Bros., Inc., hereinafter designated as the "Principal ", a contract for construction of PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS, Contract No. 3644 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. 3644 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and First National Insurance CaMa of America , 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 one million, forty -five thousand, nine hundred and 00 /100 Dollars ($1,045,900.00) 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. W As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full . force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19th day of _ August , 2004. Majich Bros., Inc. (Principal) First National Insurance Company of America Name of Surety 120 Vantis Aliso Viejo, CA 92656 Address of Surety 949 -860 -6011 Telephone n- 772&X& Authorized Sig ure itle Autho zed Agent Si zolure Eugene T. Zondlo, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED t4:j CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. On Off).ZLZM4 before me, Linda E. Hughes, Notary Public Vale Nance ono Tea of ofrKer (0.9...tare Doa. Notary Public) personally appeared Paul Majich Names) d sipnx(s) jm Co LINOAE HUGHES Commission s 1367707 Notary Public - California Loa Angalaa County My Comm. Boras Am 19, 2009 IN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/MR subscribed to the within instrument and acknowledged to me that he/s executed the same in his /dFJFA W authorized capacity(ies), and that by his /hI iRW signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea Place Notary seal Above Signature d r - rK -- r OPTIONAL Rough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual • Corporate Officer — Tdle(s): • Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUt.1BPRINT OF SIGNER O 1997 National Notary Association • 9750 Do Soto Ave., P.O. Box 2402 • Cne6wo,E, CA 9131332402 P,00. No. Saar Rao d" Can Tcn.Frea 1.800-878892r CAL ,IFORNIA ALL - PURPOSE Al )OWLEDGMENT No. 5907 State of California County of Orange On August 19 2004 before me, Rosa Estela Rivas, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared * * * * * * * * * * * * * * * * * * * * * * * ** *Eugene NAME(S) OF SIGNER(S) ® personally known tome -OR - ❑ 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 ROSH ESTEI A RIVAS behalf of which the person(s) acted, executed the instrument. COMM. # 1447661 3 NOTARY PUBLIC CALIFORNIA 9 ORANGE COUNTY JI My cemm exp s Oct. 28, 2007 �f WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) 8 LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) S4067 /GEEF 2/98 1993 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309 -7184 SAFECO' FIRST NATIONAL SURETY PO BOX 34526 SEATTLE, WA 98124 -1526 KNOW ALL BY THESE PRESENTS: POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 SEATTLE, WA 98124 -1526 No. 8063 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ....... :.....JOIN MONROE; WILLIAM R. CURTIS; JUDY A. GRANDUSKY; LOURDES LANDA; ROSA E. RIVAS; EUGENE T. ZONDLO; Irvine, California " * * * * * * * * ** its true and lawful attomey(s) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this day of February 2003 �r�,%, cep CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- aftomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 19th day of August 2004 1 8 9 2 B CHRISTINE MEAD, SECRETARY S- 1D491FNEF 7198 OA registered trademark of SAFECO Corporation 02/202003 PDF 1 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC August 11, 2005 Majich Bros., Inc. P.O. Box 337 Altadena, CA 91003 Subject: Water Pipeline Master Plan - Replacement Seashore Drive (C -3644) To Whom It May Concern: On June 28, 2005, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 6, 2005, Reference No. 2005000521289. The Surety for the contract is First National Insurance Company of America, and the bond number is 6254773. Enclosed is the Labor & Materials Payment Bond. Sincerely, 61 ^ , /��G LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 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 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 BOND NO. 6254773 Pemium included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to Majich Bros., Inc., hereinafter designated as the "Principal," a contract for construction of PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS, Contract No. 3644 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3644 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, First National Insurance Company of America 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 one million, forty -five thousand, nine hundred and 001100 Dollars ($1,045,900.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. KI 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 19th day of August , 2004. Majich Bros., Inc. (Principal) First National Insurance Company of America Name of Surety 120 Vantis Aliso Viejo, CA 92656 Address of Surety 949- 860 -6611 Telephone Authorized S nat re/Title Author ed Agent S® ture Eugene T. Zondlo, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California SS. County of Los Angeles On 081-l267,1,2804 before me, Linda E. Hughes, Notary Public , ale Naae am! Title of OR,car (e.g., 'Jane Doe. Navy Pubc7 personally appeared Paul Majich Nane(a) of s'vnertal LINDA E. HUGHES Commission t 1357707 Notary Public - CalMemis zf Los Mocks Courtly MYCamm. Expires Jun 18,2006 24 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /MR subscribed to the within instrument and acknowledged to me that he/s executed the same in his /Iii authorized capacity(ies), and that by his /h17Q#= signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.,�- ,� -� _7� --,--- Plaee WXY Sal Above Cr / slgnewre a Wavy r OPTIONAL Though Me information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this torn to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑Limited ❑General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHTTHuNIBPRINT,� OF SIGNER 0 1997 National Nmary Asmdafon • 9350 De Selo Ave.. P.O. Boa 2402 • Caaasw . CA 91313�2402 P,oc. No. 5907 Reereer. Call Toll.Free I A00.876 -66:7 0 A IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies ( SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company of America, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance'. This means that under certain circum- stances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. 56248 3/03 CALIFORNIA ALL- PURPOSE AC State of Califomia County of No. 5907 On August 19 2004 before me, Rosa Estela Rivas, Notary Public DATE NAME, TIRE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ROSA ESTEI A RIVAS o COMM. # 1447661 NOTARY PUBLIC CALIFORNIA O 3 ORANGE COUNTY N, WITNESS my hand and official seal. 'L I✓ly comm. expires Oct. 28, 2007 SIGNATUR OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE($) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) S�0671GEEF 2'98 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ``,,���_ iAj RECOP2D €tEQ TED BY AND WHEN RECORDED RETURN TO: city C& JL 14 A9:07 City of Newport Beach 3300 Newport Bo .14 . r Newport Beach,:A66i' Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIillitillllllllllllilllllli11111111111111111111181111111111NO FEE 2005000521289 03.25pm 07/06/05 115 45 N12 1 o -oo 0.00 0.00 0.00 0.00 0.00 0.00 o.00 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Majich Bros., Inc., of Altadena, California, as Contractor, entered into a Contract on August 24, 2004. Said Contract set forth certain improvements, as follows: Water Pipeline Master Plan — Replacement Seashore Drive (C -3644 - Work on said Contract Was completed on June 10, 2005, and was found to be acceptable on June 28. 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. M VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on " a0 at Newport Beach, California. Ll BY City Clerk 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 29, 2005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 J RE: Notices of Completion (C -3630, C -3644, C -3645, C -3647, C -3667 and C -3731) Please record the enclosed six (6) documents and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, 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 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk Cit�r of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NOTICE OF COMPLETION 0 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Majich Bros., Inc., of Altadena, California, as Contractor, entered into a Contract on August 24, 2004. Said Contract set forth certain improvements, as follows: Water Pipeline Master Plan — Replacement Seashore Drive (C -3644) Work on said Contract was completed on June 10. 2005, and was found to be acceptable on June 28. 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company of America. M VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 June 28, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department ":'' r R.Gunther, P.E. 949 - 6443311 JaB rgunther@city.newport-beach.ca.us IF SUBJECT: WATER PIPELINE MASTER PLAN — REPLACEMEN11 SFA.,kWrhiltr J v Li DRIVE — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3644 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On August 24, 2004 the City Council authorized the award of the Water Pipeline Master Plan, Seashore Drive Watermain contract to Majich Brothers Inc. The contract provided for the improvements to the water facilities that lie within Seashore Drive which were constructed in 1938 of cast iron pipe, and at various locations weaved under private property. These facilities were identified in the Water Master Plan (1999) as needing to be rehabilitated and were targeted for construction in 2010. City staff moved this project ahead to be constructed this year to coordinate with the Underground Assessment District No. 69. This coordination of projects helped to eliminate utility conflicts and to coordinate the timing of construction. The watermain project rehabilitated the water facilities and also, at two locations, the water mains that cross Coast Highway were upsized to increase the water system efficiency. • SUBJECT: WATER PIPE*IASTER PLAN — COMPLETION AND ACCEPTA F CONTRACT NO. 3644 June 28, 2005 Page 2 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 was $1,045,900.00 Actual amount of bid items constructed: $1,074,691.00 Total amount of change orders: 39,688.27 Final contract cost: $1,114,379.27 The increase in the amount of actual bid items constructed over the original bid amount resulted from the installation of an additional 8 -inch watermain. The final overall construction cost including Change Orders was 6.6 percent over the original bid amount. One Change Order in the amount of $36,688.27 was mostly for additional costs related to the pipeline crossings at West Coast Highway. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Funding Availability: 0 Funds for the project were expended from the following account: Account Description Account Number Amount Water Enterprise 7501- C5500578 $1,114,379.27 The original contract completion date was February 7, 2005. Due to the excessive rainy weather, Change Order work, and coordination with the Underground District No. 69, the completion date was extended to June 10, 2005. All work was substantially complete except for minor punchlist items by the revised completion date. Prepared by: Submitted by: R. unt er, P.E. ---!*�hl6nWgadum Construction Engineer ublic Works Director • Message . 0 Page 1 of 1 Malkemus, Cathy From: Gunther, Robert Sent: Monday, June 27, 2005 4:11 PM To: Malkemus, Cathy Cc: Puglisi, Marcus Subject: RE: council action Yes. Marcus is working on the Contractor Majich to have the Stop Notice released and we have Majich's retention. Gunther - - - -- Original Message---- - From: Malkemus, Cathy Sent: Monday, June 27, 2005 10:15 AM To: Gunther, Robert Subject: council action I show that C -3644 is going before Council tomorrow night. I have a Stop Notice in that file. Okay to proceed with the Notice of Completion, as recommended in the staff report?? Thanks for your help. 06/27/2005 Release of Stop Notice TO: CITY OF NEWPORT BEACH (Construction Lender, Public Body, or party with whom Stop Notice was filed) 3300 NEWPORT BLVD., NEWPORT BEACH, CA 92658 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated JUNE 2, 2005 in the amount of $ 22 ,390.83 against CITY OF NEWPORT BEACH MAJICH BROTHERS CONSTRUCTION in connection with the work of improvement known as in the City of NEWPORT BEACH State of California. Date AUGUST 11, 2005 as owner or public body and as prime contractor CITY OF NEWPORT BEACH, JOB- #137 County of ORANGE Name of Claimant: AMERICAN CONCRETE CUTTING, INC. (Firm name) By ° (Signature) NANCIAL OFFICER (Authorized Capacity) VERIFICATION I, the undersigned, state: I am the CHIEF FINANCIAL OFFICER ( "Agent of "President of "A Partner of "Owner of" etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. 1 certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on AUGUST 11 2005 at SANTA ANA State of CALIFORNIA nature of Claimant or Authorized Agent) Y. T Date r __ Copies Sent To: a ❑ Mayor n_ E] Council Member - 0 y anager -Att ey O � _ NOTICE TO Stop Notice CALIFORNIA CIVIL CODE SECTION 3103' ' !- I ;a Z-- .. CITY OF NEWPORT BEACH -6 110 :10 (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 31 E�7gjr i `'i. CITY CI_E n k. (If Public Job —file with office of controller, auditor, or other public disbar ' � of�fcer sb�i "ogEtbth�AGMto make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: MAJICH BROTHERS CONSTRUCTION Date Sub Contractor (If Any) Copies Sent To: ._ Miyor Owner or Public Body: G Non! er Improvement known as 1.11 t Ur WtWVUK I .btAL,h - SEA SHORE DR. in the City of NEWPORT BEACH , County of ORANGE !S - State of California. — AMERICAN CONCRETE CUTTING INC. , Claimant,a CORPORATION (Claimant) (Corporation /Partnership /Sol roprieforshiD) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is MAJICH BROTHERS CONSTRUCTION The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was CONCRETE CUTTING. DEMOLITION. REMOVAL Total value of labor, service, equipment, or materials agreed to be furnished......... $ 21,324.60 Total value of labor, service, equipment, or materials actually furnished is............ $ Credit for materials returned, if an INTERES T . ............................... $ 1,066.23 Amount paid on account, if any .................................... ............................... $ Amount due after deducting all just credits and offsets ...... ............................... $ 22 ,390.83 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 22,390.83 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) IS NOT attached. (Bond required with Stop (is /is not) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date JUNE 2. 2005 Name of Claimai F VERIFICATION I, the undersigned, state: I am the VICE PRESIDET /OWNER ('Agent of'; "President of" 'A Partner of'; "Owner oj'; etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on JUNE 2 State of CA REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: (Claimant must enclose self addressed stamped envelope) BrA FORM 41FSN00 1/1189, SOM { CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 10:00 a.m. on the 10th day of August 2004, at which time such bids shall be opened and read for PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS Title of Project Contract No. 3644 $ 1,122,000 Engineer's Estimate pin G. Badum "Works Director E ON G\�l J P \�gL e`N dae \�o rN X51 b oN�oe g0� Prospective bidders may obtain one set of bid documents for $40 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General "A" Contractor's License required for this project For further information, call Sean Crumby, Project Engineer at (949) 644 -3315 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 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 SPECIAL PROVISIONS .............................. ...................................... ............. ........... SP -1 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 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 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 word: "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. 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. ;• 0 • 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. 526--1 0 1 A Contractor's License No. & Classification Bid er M&-A -S Authorized Signat re/Titl rL� /b4 Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE CONTRACT NO. 3644 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 the Total Amount Bid in Dollars ($10 %------ - - - - -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of PIPELINE MASTER PLAN REPLACEMENT PROJECT • SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS, Contract No. 3644 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 its obligations under this Bond. Witness our hands this 6th day of Au¢ust 2004. Majich Bros., Inc. Name of Contractor (Principal) First National Insurance Company of America Name of Surety 120 Vantis +liso Viejo, CA 92656 ,address of Surety 949 - 860 -6611 Telephone Authorized S' nature itle d Authorized Agent Signat Eugene T. Zondlo, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On 4M(rU5T % 7_04 , before me, Linda E. Hughes, Notary Public , Date Name ade rme d odruer teg., •.darle ooa, Notary PuElk') personally appeared Paul Majich Names) of Signer(s) �\JLfIaN.DAE. HUGHES Commisslon # 1357707 Notary Public - California 7w Loa Angeles County Niycomm. F)ites Jun 19.2005 99 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /MR subscribed to the within instrument and acknowledged to me that he /sexecuted the same in his /der authorized capacity(ies), and that by his /hli signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an fficial seal. a N p Place Notary Seal Aoe Sign t u 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General O Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1997 National Notary A55odaton - 9350 De Sao Ave., P.O. Boa 2a02 - Cta,s ft, CA 91313 -2002 Prod. No. 5907 Reorder. Call TNI'Free 1-99D9769927 0 0 IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies ( SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company of America, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance'. This means that under certain circum- stances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. S-62483/03 J' CALIFORNIA ALL- PURPOSE State of California County of Orange 1111111 No, 5907 On August 6 2004 before me, Rosa Estela Rivas, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ 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 ROSA ESTELA RIVAS ` behalf of which the person(s) acted, executed the instrument. COMM. # 1447661 3 NOTARY PUBLIC CAUFORNIA ORANGE COUNTY N My comm, expires Oct. 28 2007 WITNESS my hand and official seal. IC SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) S- 40671GEEF 2/98 1993 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 8236 Remmel Ave., P.O. Box 7184 • Canoga Park. CA 91309 -7184 S A F E C O" POWER OF ATTORNEY FIRST NATIONAL SURETY PO BOX 34526 SEATTLE, WA 98124 -1526 KNOW ALL BY THESE PRESENTS: 0 FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 SEATTLE, WA 98124 -1526 No. 8063 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint " " " "• *JOHN MONROE; WILLIAM R. CURTIS; JUDY A. GRANDUSKY; LOURDES LANDA; ROSA E. RIVAS; EUGENE T. ZONDLO; Irvine, Califomia'a.ns.n... its true and lawful attorney(s) -in -fact, with full authority to execute on beha8 of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 20th day of February 2003 b� �_ P r �VN � CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to - :xecute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S- 1049 1FNEF 7/98 this 6th day of August . 2004 L9ae ,�i > "0" p CHRISTINE MEAD, SECRETARY O A registered trademark of SAFECO Corporation 02/20/2003 PDF „difb Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders �ro� „ci,me Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of Accessing the a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an pages on ambest.com insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. constitutes the users agreementto Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register our tem °of online. use; Information collected Na this Web site is protected by our Copyright © 2004 by A.M. Best Comoanv Inc. ALL RIGHTS RESERVED nva No part of this information may be distributed In arry electronic form or by any means, or stored In a database or retrieval system, Without the prior written permission staternen( of the A.M. Best Company. Refer to our terms of use for additional details. Comments or concerns Best's Rating Mme Search - 0 on A (Excellentr Financial Size Category XV ($2 billion or more( a'a. �eatt 'Ratings as of 08,M0/200011: 37:23 AM E.S.T. „difb Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders �ro� „ci,me Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of Accessing the a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an pages on ambest.com insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. constitutes the users agreementto Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register our tem °of online. use; Information collected Na this Web site is protected by our Copyright © 2004 by A.M. Best Comoanv Inc. ALL RIGHTS RESERVED nva No part of this information may be distributed In arry electronic form or by any means, or stored In a database or retrieval system, Without the prior written permission staternen( of the A.M. Best Company. Refer to our terms of use for additional details. Comments or concerns 0 L CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 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:—/XA .Frr L E7UQ„ Address: "/ C. y/t/ L�J11� %nq [G ed1�1n�IL S-rr 'icZiLL �Yt"lpL� / � • 12. Sir Phone: 7j � � '71V-q4-7-&C-7-2 /� -+rJ�/ _q State License Number: /U. A . Name: a y(j4K�'` . q Address: /1470 �7�A�� 9AI1� N n /AJ , Phone: 909 _8-7.j - 25 3�/3 State License Number: %52-"XP7 Name: 4, 1, !� Qti/Q-LA b SV, J% 1I Address: F. p , 1 j.0?c Z64 d G4 -7 f Z5 �AIAN2i711D / 6v Phone: qpq - 888 - "t'q0 State License Number: 6c6 -0e{0 Bidder Authorized Signatur 6 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE MDER 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 C�C1YC_DVI Ai FC C IA LAoA r�> S UJp.'f tYL "Al vt Project Description t �n�' ✓� c�L Approximate Construction Dates: Agency Name (2 A From I t b To: M Contact Person t Telephone f4i1) (A4 - 3'02 Original Contract Amount $116(0 Final Contract Amount $ I icop o00 . 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. 7 7 No. 2 Project Name /Number Project Description �J E Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount :1 V% z ILA WTLAl P% 02i' To: aVL-)J u 2 /i l:'I•l✓ Telephone ( &I�l - 3q �3 Contract Amount$ 2,���✓_� ©�. If final amount is different from original, please explain (change orders, extra work, etc.) 5 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 -Opmf T Project Description Approximate Construction Dates Agency Name 1, 1 From 2A0'2 To: n—A M� IC 1 ��` Contact Person Telephone 7>2 Original Contract Amount t.-3 nal Contract Amount $�l Soc� oaO. — If final amount is different from original, please explain (change orders, extra work, etc.) C 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. S No. 4 Project Name /Number :FLA—" r Project Description !k? Y-�It- i �^ 4 '« �vt Approximate Construction Dates: From _ G I D�To: q d Agency Name i i Contact Person Telephone(* Original Contract Amount Final Contract Amount $ If final amount is different from original, please explain (change orders, extra 'work, etc.) A. 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. Na No. 5 Project Name /Number Project Description Approximate Construction Agency Name Contact Person Telephone (90 64!K- 341 q 7 Original Contract Amount $Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) �JI r 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. 6 Project Name /Number ��, "f �1�.11 V�S�C`1� � 1 w0YL_ �'M Project Description pt tJeY_ Approximate Construction Dates: From 2- To: 0 Agency Name 6-r- Contact Person 4WLA. ILC5 "STelephoneT7l� -741'- 12J Original Contract Amount $ al Contract Amount $ 2. i00 , 000 _ If final amount is different from original, please explain (change orders, extra work, etc.) e4w oc-c Mimi s 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. !� M4 l l C,t-1 I dn-o s .Gz Bidd r 1 Authorized Si ture itle IM M • # CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS State of California ss. County of CONTRACT NO. 3644 NON - COLLUSION AFFIDAVIT i�A, 11 �%d l 1C.l1 being first duly sworneposes and says that he or she is L -'fl2 of "& j 1" Id�ws�t�., the party making the foregoing bid; that the bid is not made in the inte3lest 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. C��: Bidder I Authorized Signature e Subscribed and sworn to before me this I-f4 day of A uCruST 2004. [SEAL] My Commission 11 LINDAE. HUGMS S Com"dowun 0 1357707 3 Not 'Y Pubk - Csftmla Los AWW Coin, - IMYConnl E�NSJun 19,1009 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 DESIGNATION OF SURETIES Bidders name f�"s 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): pae>n�,s : �RS� �o�nb I �,iss,.pzh-►+t.E Gb �+ I I �ya�,.�C«r�- ns(�c,+ r� 2100 1-4 V, .5nr `I2to 14 L � 1G I u ►,�J rL 1 ,d-r te . G°,�r1 [s , CA . FSOO - (024 -453ir 12 -750.7 0 Z- • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name MAyc-A 1 "d"S , Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts -? 10 y t 10 Cl 10 t51 Total dollar Amount of Contracts (in �t 1t0A9tcoo. Qi�OOm �G�a� �It'looaDS�AaD. 7��aoi Thousands of $ No. of fatalities d C b O p d O No. of lost Workday Cases `L Q 21 O No. of lost workday cases involving permanent D 0 0 O transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 Legal Business Name of Bidder MAIicA dos. _J �c Business Address: 'P•o ,luox 33'1 IkL`c x/. GA- too3 Business Tel. No.: (v7,u - Otis -ggqZ State Contractor's License No. and Classification: 151.610 i a Title igc-L- rib-As 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. Signa 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 ACKNOWLEDGEMENT OF ADDENDA Bidders name M14riGg 5 tps. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Re ei ed Si nature / BGo 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE /_1MI&YAN111 CONTRACT NO. 3644 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: P PA I" � r- Name of individual Contractor, Company or Corporation: Business Address: T•0 , • aVX kL-J-�A. C-4-. qt00 3 Telephone and Fax Number: l.'I (. ''t1fiS'� ZC GzL 7iRis q�i Zfl California State Contractor's License No. and Class: 5201 �- (REQUIRED AT TIME OF AWARD) Original Date Issued:.A' _Ji SFS Expiration Date: 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: -10-PLAXS Oi t� -� - IV" 0. 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 e-AAA vk\t Title Address g gaX- s . 7� o . s5UX 33'1 k--rp Icy VAT. `T.o . ln 33'1 k-M, &T-`ftt�. ei -IYr x k: Telephone 1. 1024 � 34 $• �1�1 � �zlo -34$ -qqq� CA. &Vr -W,q "z Corporation organized under the laws of the State of (?A-L.. I F&'LYl 1'k 16 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: 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: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; fIA).E Have you ever had a contract terminated by the owner /agency? If so, explain. N� 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 mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes kNo Are any claims or actions unresolved or outstanding? Yes No Sri 0 U 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. ,�I "" �txrsra.✓y ��p ictc - fEs (Print name eff Owaa or President of Corporation /Company) Bidde u onzed Signature ' e Title 8 9 Z4 .¢ Dates Subscribed and swom to before me this �lf'` day of ,9'V,!5: u57' 12004. [SEAL] LINOA E. HUGHES C9mmWWvn i 1357x W S Npyry G Pubk - RIOM18 3 l os Angelst CoUMY AAyCamt Et�ilss.Am 10,2 18 i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 CONTRACT THIS AGREEMENT, entered into this Zcday of, 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City, and Majich Bros., Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS Project Description 3644 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3644, 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 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one million, forty-five thousand, nine hundred and 00 /100 Dollars ($1,045,900.00). 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: Sean Crumby (949) 644 -644 -3315 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Majich Bros., Inc. P.O. Box 337 Altadena, CA 91003 626 - 398 -9992 626 - 398 -9920 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 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 projectilocation 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 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 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. ITTORN=E�Y AS TO FORM: CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor MAJICH BROS., INC. Authorized gnat a and Title F:\USERS\PB1MShared \Contracts \FY 0405\PIPELINE MASTER PLAN - Seashore &OF Alleys C- 3644\CONTRACT C- 3644.doc 25 ACORD_ CERTIFICA Marrs- Maddocks 6 Associates Insurance Services, Inc. 1903 Wright Place, Suite #280 Carlsbad CA 92008 Phone:760 -804 -0402 Fax:760 -804 -0942 Ma7'ich Brothers, Inc. P.O. Box 337 Altadena CA 91003 -0337 COVERAGES LIABILITY INSURAN DATE (MMIDDIYYYY) RIGHTS UPON THE CERTIFICATE ATE DOES NOT AMEND, EXTEND OR FFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: NIC Insurance CI INSURER B: INSURER C: INSURER D: INSURER E: NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LNUK LTRINSRE �VL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD POLICY OVULATION DATE M LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [g] OCCUR GS409476 02/24/04 02/24/05 EACH OCCURRENCE $110001000 PREMISES(EaoaMre ) $50,000 MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY S 1 , 000 , 000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POIJCYF—j P- JECT RO LOC PRODUCTS - COMP /OP AGO 32,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) $ BODILY INJURY (Per accident) t PROPERTY DAMAGE (Per ecciderd) $ GARAGE LIABILITY ANY AUTO 'AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S S EXCESSIUMBRELLA LIABILITY OCCUR F1 CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE S S $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMSER EXCLUDED? II yes, describe under SPECIAL PROVISIONS below TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Contract No. 3644. Pipeline Master Plan Replacement (Seashore Dr. City of Newport Beach). The City, Its officers, officials, employees and volunteers are additional insureds per attached ANF 160 (09/03). *10 Day Notice of Cancellation for Non - Payment of Premium. rFRTIFIrATF 14I711 nFR CANCELLATION CITYOFN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL BIRSIAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,)V1"=90=*='1')n S City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach CA 92658 AUTHORIZED REP Daniel E. ACORD 25 (2001108) 1 tPACVKI VRAI IVN TBBB i • BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL AND HABITATIONAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 2010 11 85 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, provided the Company is notified in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self - insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for Injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy. The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF 160 (9/2003) ACORD CERTIFICAT F LIABILITY INSURAN OP ID DATE(MMIDDNYYY) MAJIC -1 08/11/04 PRODUCER THIS CERTIFICATE IS UED AS A MATTER OF INFORMATION Marrs' Maddocks S Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1903 Wright Place, Suite #280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F1 OCCUR Carlsbad CA 92008 Phone:760- 804 -0402 Fax:760- 804 -0942 INSURERS AFFORDING COVERAGE NAICM INSURED INSURER A: Golden Eagle Inaurang Corp. f INSURER B: S PERSONAL S ADV INJURY INSURER C: Ma7'ich Brothers, Inc. P.O. Box 337 Altadena CA 91003 -0337 INSURER O: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- ECT LOC INSURER E: S COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE MM/D DATE MN/DDIYY LIMITS Public Works Department GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F1 OCCUR AUTHORIZED REPRESENTATIVE Newport Beach CA 92663 EACH OCCURRENCE $ PREMISES Ea=urerx ) f MED EXP (Arry One person) S PERSONAL S ADV INJURY $ GENERAL AGGREGATE f GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- ECT LOC PRODUCTS - COMP /OP AGO S A X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Physical Damage— BA9829122 CoI MMNSM DED 5500.00 COLLISION DED $500.00 02/24/04 02/24/05 COMBINED SINGLE LIMIT CO BIKED $1,000 DDD r X BODILY INJURY (Per person) $ X BODILY INJURY (Pef acd�) S X X PROPERTY DAMAGE (Pw sadden) f GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGO f f EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE S f $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I yyes, dew be N er SPECW. PROVISIONS Wien TORY LIMITS ER E.L. EACH ACCIDENT f E.L. DISEASE - EA EMPLOYEE f E.L. DISEASE - POLICY LIMIT f OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder: The City, its officers, officials, employees and volunteers are named Additional insured as per attached GECA 812 (10/96) endorsement and with respect to work performed on Pipeline Master Plan Replacement Project Contract No. 3644. *10 Day Notice of Cancellation for Non - Payment of Premium. CERTIFICATE HOLDER CANCELLATION CITYOFN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL BTRMAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTJ4q( XFsX City of Newport Beach Public Works Department 3300 Newport Boulevard AUTHORIZED REPRESENTATIVE Newport Beach CA 92663 Daniel E. Marrs ACORD 25 (2001/08) — - - / r 61'ACORD CORP9RATION 1988 0 0 Formina a cart of Policy Number: #CBP9563543 Coverage Is Provided In Named Insured: Agent: Marrs Maddocks & Associates Ins. Majich Bros, Inc. Agent Code: 05118 Agent Phone: 760 -804 -040 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM The person or organization shown in the Schedule is an insured to the extent of their liability for the conduct of an insured under Section II-Liability Coverage of this policy. SCHEDULE City of Newport Beach Public Works Department 3300 Newport Beach Newport Beach, CA 92663 GECA 812 (10/96) *CORD CERTIFICATOPF LIABILITY INSURAN OP ID DATE(MM /DD /YYYY) MAJIC -1 08/19/04 PRODUCER Marrs Maddocks 6 Associates THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1903 Wright Place, Suite #280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Carlsbad CA 92008 EXPIRATION DATE MM /DD/YY LIMITS Phone:760- 804 -0402 Fax:760 -804 -0942 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A: American Guarantee c Liability INSURER B: $ EERlED- PREMISES (Ea occurence) INSURER C: Ma'ich Brothers, Inc. P.O. Box 337 Altadena CA 91003 -0337 INSURER INSURER E: MED EXP (Any one Person) $ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY EXPIRATION DATE MM /DD/YY LIMITS a iel s GENERAL LIABILITY EACH OCCURRENCE $ EERlED- PREMISES (Ea occurence) $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR MED EXP (Any one Person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ POLICY 0 PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY NJURY (Par r per parson) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE s 3,000,000 A X I OCCUR OCLAIMSMADE AUC9378963 -00 02/24/04 02/24/05 AGGREGATE $3,000,000 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Contract No. 3644. Pipeline Master Plan Replacement (Seashore Dr. City of Newport Beach). The City, Its officers, officials, employees and volunteers are included as certificate holder. *10 Day Notice of Cancellation for Non - Payment of Premium. CERTIFICATE HOLDER CANCELLATION CITYOFN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Newport Beach Public Works Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3300 Newport Boulevard Newport Beach CA 92663 rnnveS. TH0RIZED RESENTA a iel s ACORD 26 (2001/08) &*CORD CORPORATION 1988 0 CALDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N S U R A N C M FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08 -16 -2004 GROUP: POLICY NUMBER: 1553334 -2003 CERTIFICATE ID: 83 CERTIFICATE EXPIRES: 10 -15 -2004 10 -15- 2003/10 -15 -2004 CITY OF IMPORT BEACH PUBLIC WORKS DEPT. ATTN: SHAUNA L. OLYLEER 3300 NEWPORT BEACH NEWPORT BRACH CA 92663 JOB: CONTRACT NO. 3644 This is to certify that we have Issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of Insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE A�.� ^ . t9i-L PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 08 -16 -2004 IS ATTACHED TO AND FORKS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF IMPORT BRACH ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 -15 -2000 IS ATTACHED TO AND FORKS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 08 -16 -2004 IS ATTACHED TO AND FORKS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF IMPORT BEACH EMPLOYER MAJICH BROTHERS, INC PO BOX 337 ALTADENA CA 91003 INvI.sE cl I:0&1620W SGF 10282E Aocepl Nle WNIII's:e only 8you �efaint vre0ennefk that lead, -OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF !r PO &OLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N S U R A N C C FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08 -16 -2004 GROUP: POLICY NUMBER: 1553334 -2003 CERTIFICATE ID: 63 CERTIFICATE EXPIRES: 10 -15 -2004 10 -15- 2003/10 -15 -2004 CITY OF NEPORT BRACH PUBLIC WORKS DEPT. ATTN. SHAUNA L. OLYLHHR 3300 NEWPORT BEACH NEWPORT BEACH CA 92663 JOB: CONTRACT NO. 3644 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT tJ EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER AFFECTIVE 08 -16 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NEPORT BEACH ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 -15 -2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 08 -16 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEPORT BEACH EMPLOYER MAJICH BROTHERS, INC PO BOX 337 ALTADHNA CA 91003 SCIF 10282E Accopt Misn188e0Wonly tryou B a faint mnaaaaRlhal reaM'OFFICIAL STATE FUND DOCUMENT' INE INTE ;0&18 -2001 PAGE 1 OF 1 AUG -30 -2004 MON 09:31 /ABM/' FAX NO. P. 01 Fax #: ��- �PYi —�3i� • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checidist is comprised of requirements as outlined by the City of Newport Beach. Date Received: a -�2 (V -O Dept./Ccntact Received From: 5 a ,✓ Date Completed: D -D Sent to: 01 B)r . ) 0a /161kll� Company /Person required to have certificate: rn &� T G k vl�,9✓ - Zn c I. GENERAL LIABILITY A. INSURANCE COMPANY: _ /) I c� B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be Califomia Admitted): Is Company admitted in Cal'rfomia? ❑ Yes X No r_1 D. LIMITS (Must be $1 M or greater): What is limit provided? v ,r L 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? Q(Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? OYes p 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 V�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. A. AUTOMOBILE LIABILITY � A. INSURANCE COMPANY: ly �1 GQVin EA 4-p— SJ1S B. AM BEST RATING (A: VI I or greater): M x V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ('Yes I❑I No D. LIMITS (Must be $1M min. BI ✓>~ PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteer;): Is it included? $Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n o, Is it included? ❑ Yes [] No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. W. WORKERS' COMPENSATION A. INSURANCE COMPANY: GIiG Ct�rw)p S 'QL, � . � B. AM BEST RATING (A: VII or greater): n D'� ✓n+in C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? J� ❑ Yes ZN0 IF NO, WHICH ITEMS NEED TO BE COMPLETED? Cr L I i1S . Grt # . Dj ml lf+C1S - CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT "rFORi ADDENDUM NO. 1 Pipeline Master Plan Replacement Project — Seashore Drive (34r" to Cedar), and Ocean Front Alley (23rd to 32nd) CONTRACT NO. 3644 DATE: August 6, 2004 BY: fc ors Director TO: ALL PLANHOLDERS Plans: 1. Substitute sheets 10 and 11 from plans with attached sheets due to change in pipe profile.. 2. Sheet 2� A Vermeer Trencher will be allowed for Asphalt Removal in place of Sawcutting and removing AC pavement. Bidders must sign this Addendum No. 1 and attach it to the bid proposal- No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. (Please P DAUM � -rnE--tS orized Signature & f ,luserslpbwlsheredlcontractslfy 04- 051pipeline master plan - seashore &of alleys c- 3644 %addendum.doc 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 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. 3644 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @� Dollars and A Cents $ Per Lump Sum 2. Lump Sum Traffic Control @ <h1 .% Dollars and �n Cents $ �°���• , Per Lump Sum Lump Sum Remove Interferring portions of existing Water Main and abandon in place @ I�CWWD Dollars and _ /V0 Cents $ OOOP, Per Lump Sum 7 13 91 1 EA. Install 6 -inch RW Gate Valve (FExFE) eoitam �— / and < /S A6Cents $ $ Per Ea 20 EA. Install 6-inch RW Gate Valve (FExMJ) @ Y4 / [ thdis' and 2SM 114rc A/cCents $ Per EacY 27 EA. Install 8 -inch RW Gate Valve (FExMJ) @ IAI ,t/er gZ>Dollars and � /S✓o Cents $ �� $ 2T/ ,3w_ Per Each • • PR2of6 ITEM QUANTITY TOTAL ITEM DESCRIPTION AND UNIT UNIT AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 80 L.F. Construct 6" PVC Water Main @ Dollars and Cents $ $ - 4m O' Per Linear Foot 5. 5,100 L.F. Construct 8" PVC Water Main @ �z/ {7 ✓� Dollars and Ali) Cents $ 65. $ Per Linear Foot 6. 2,150 L.F. Construct 12" PVC Water Main @,X 1,,/11AI" Dollars and o Cents $ ��• �-- $ 14-6 31�o_• ..-� Per Linear Foot 7 13 91 1 EA. Install 6 -inch RW Gate Valve (FExFE) eoitam �— / and < /S A6Cents $ $ Per Ea 20 EA. Install 6-inch RW Gate Valve (FExMJ) @ Y4 / [ thdis' and 2SM 114rc A/cCents $ Per EacY 27 EA. Install 8 -inch RW Gate Valve (FExMJ) @ IAI ,t/er gZ>Dollars and � /S✓o Cents $ �� $ 2T/ ,3w_ Per Each • s PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1 EA. Install 8 -inch RW Gate Valve (MJxMJ) — &// and q �7/3 ACents $ /J�P. $ �SP_ Per Eacfi 11. 11 EA. Install 12 -(nch Butterfly Valve (FExFE) @C;A7�N�1i1/l�iDollars and A Cents $ �� $ Per Each 12. 28 EA. Construct Water Main Connection / (a TES/ }�YXWPollars T // and L%CAIS AV Cents $ MCC. Per Each 13. 166 EA. Remove Existing and Install 1 -inch Water Service with Meter Box /)7L— and ;lYQ b4.4YSCents $r✓ $ 539Sa. Per Ea 14. 44 EA. Remove Existing and Install 1 -inch Water Service and reutilize existing Metter Box and f hY¢- 1l4rA�ents $ 975 Per Eath 15. 2 EA. Remove Existing and Install 2 -inch Water Service with Meter Box @� /4— "-- YDDollars and t _ Cents $ 1� $ / p Per Each • ® PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 14 EA. Remove Existing and Construct Fire Hydrant Assembly - @ fwo �/Gtrtl&�idb Dollars and �o Cents $ Zi�oaiy. Per Each 17. 30,000 S.F. Trench Resurfacing @ Dollars and �f JU+� Cents $ 7 $ Per Square Foot 18. 10,000 S.F. Grind and Construct 2 -inch Asphalt Overlay @ ltic Dollars A/ and V Cents $ 2, $ OOp Per Square Foot 19. 800 S.F. Remove Existing and Construct 4 -inch PCC Sidewalk @ C � " Dollars and �o Cents $ r $ Per Square Foot 20. 11 EA Construct Curb Access Ramp @ E 47L &dif/D Bella. // and ?'7v� 4 , JN W ? Ab Cents $ ! $ Per Each 21. 500 S.F. Remove Existing and Construct 4 -inch Integrally Colored Stamped PCC @ � 7�3,— Dollars and �D Cents $ lJ� $ Per Square Foot 0 • PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 1,500 S.F. Remove Existing and Construct 8 -inch PCC Cross Gutter @ Dollars and Cents $ �� $ Per Square Foot 23. Lump Sum Traffic Striping, Markings, and Markers @ g - �ollars and /r(o Cents $ 0C Per Lump Sum 24. Lump Sum Pressure Test, Disinfect, and Flush Water Main @7TAglva- WoIIars and /vc Cents $ /2ew Per Lump Sum 25. Lump Sum Trench Excavation Safety Measures @ Lu2s1 ollars and Cents $ Per Lump Sum 26. Lump Sum Provide Temporary Water Main Bypassing @ / l -27 jS Dollars and /ib Cents $ D000. Per Lump Sum 27. Lump Sum Provide As -Built Drawings @ ?;;�✓ MAJDollars and /Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Nb Cents Date Bidder's Telephone and Fax Numbers 52070 / ,4 Bidder's License No(s). and Classification(s) 0 ... • 1415- t_-P Dollars $ 'I,/, ®�S y0o, —� Total Price (Figures) Bidder's re and Title vmsS Z. . f�VX 33'7 A27*_VLW.4 CA Bidder's Address 9'100 j Last saved by srook 07/142004 1:84 PM f.\ue\pbwW2,.d�mn =Vt2stmrs PIPEIJNE MASTER PLAN REPLACEMENT PROJECT-SEASHORE DRNE BETWEEN 34TH TO CEDAR STREETS AND OCEANFRONT ALLEY BETWEEN 23RD AND 32ND STREETS.dm License Detail Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 528701 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments known to the CSLB are di • 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 ont Board's license data base. Extract Date: 08/10/2004 * * * Business Information * * * WI :z• P O BOX 337 ALTADENA, CA 91003 Business Phone Number: (626) 398 -9992 Entity: Corporation Issue Date: 04/25/1988 Expire Date: 04/30/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description FA GENERAL ENGINEERING CONTRACTOR C36 PLUMBING * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6182223 in the arr $10,000 with the bonding company http://www2.cslb.ca.gov/CSLB—LIBRARY/License+Detail.asp 08/10/2004 License Detail • Page 2 of 2 SAFECO INSURANCE COMPANY OF AMERICA. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) THON MAJICH certified that he /she owns 10 percent or more of the voting stock/equity of the corl A bond of qualifying individual is not required. Effective Date: 04/25/1988 BOND OF QUALIFYING INDIVIDUAL(2): The Responsible Managing Officer (RMO) AN-1 PETER MAJICH certified that he /she owns 10 percent or more of the voting stock/equity corporation. A bond of qualifying individual is not required. Effective Date: 04/25/1988 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION_ INSURANCE FUND Policy Number: 1553334 Effective Date: 10/15/2002 Expire Date: 10/15/2004 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other lice) Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request Q 2004 State of California. Conditions of Use Priyacy Policy http:// www2. csl b. ca. gov/ CSLB_LIBRARY /License+Detail,asp 08/10/2004 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5 -2 PROTECTION 3 5 -7 ADJUSTMENTS TO GRADE 3 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 • • 6 -1 CONSTRUCTION SCHEDULE AND 14 201 -1 COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Businesses and Residents 8 7 -15 CONTRACTOR'S LICENSES 9 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 14 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 14 201 -1 PORTLAND CEMENT CONCRETE 14 201 -1.12 Concrete Specified by Class 14 201 -2 REINFORCEMENT FOR CONCRETE 15 201 -2.2.1 Reinforcing Steel 15 201 -5 CEMENT MORTAR 15 201 -5.6 Quick Setting Grout 15 SECTION 207 PIPE 15 207 -9 IRON PIPE AND FITTINGS 15 0 0 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 15 207 -9.2.2 Pipe Joints 15 207 -9.2.3 Fittings 15 207 -9.2.4 Lining and Coating 16 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection 16 207 -9.4 AWWA Butterfly Valves 16 207 -9.4.1 General 16 SECTION 214 PAVEMENT MARKERS 17 214 -4 NONREFLECTIVE PAVEMENT MARKERS 17 214-5 REFLECTIVE PAVEMENT MARKERS 17 SECTION 215 STORM DRAIN FILTERS 17 215 -1 GENERAL 17 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 17 300 -1 CLEARING AND GRUBBING 17 300 -1.3 Removal and Disposal of Materials 17 300 -1.3.1 General 17 300 -1.3.2 Requirements 18 300 -1.5 Solid Waste Diversion 18 SECTION 302 ROADWAY SURFACING 18 302 -5 ASPHALT CONCRETE PAVEMENT 18 302 -5.1 General 18 302 -5.4 Tack Coat 18 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302 -6.6 Curing 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 19 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 19 303 -5.1 Requirements 19 303 -5.1.1 General 19 303 -5.4 Joints 19 ;7.i i! SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 21 400 -2 UNTREATED BASE MATERIAL 21 400 -2.1 General 21 400 -2.1.1 Requirements 21 Last saved by m1ocey08 110/2004 3:00 PM f\ users \pbw\ shared \contmcts\inasters\masters for contract set up\master specs indmdoc 303 -5.4.1 General 19 303 -5.5 Finishing 19 303 -5.5.1 General 19 303 -5.5.2 Curb 19 303 -5.5.4 Gutter 19 SECTION 310 PAINTING 19 310 -5 PAINTING VARIOUS SURFACES 20 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 20 310 -5.6.7 Layout, Alignment and Spotting 20 310 -5.6.8 Application of Paint 20 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 21 312 -1 PLACEMENT 21 ;7.i i! SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 21 400 -2 UNTREATED BASE MATERIAL 21 400 -2.1 General 21 400 -2.1.1 Requirements 21 Last saved by m1ocey08 110/2004 3:00 PM f\ users \pbw\ shared \contmcts\inasters\masters for contract set up\master specs indmdoc 0 • SP 1 OF 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH TO CEDAR STREETS AND OCEAN FRONT ALLEY BETWEEN 23RD AND 32ND STREETS CONTRACT NO. 3644 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. W- 5303 -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 an 6, 8, and 12 -inch PVC water main, removing and replacing water valves, fire hydrants, and water meters, and restoration of all surface improvements. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or cost 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 monument damaged by the Contractor outside the project limits." E 0 SP2OF21 All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 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 City shall have the affected survey monuments restored per records, at the Contractor's expense. 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 0 0 SP3OF21 parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -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 to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box and covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date specified on the Notice to Proceed. All contract documents and required submittals shall be completed allowing for the Notice to Proceed to be issued prior to and construction commencing on September 13, 2004. Council award is planned for August 24, 2004. • 0 SP4OF21 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 he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 100 consecutive working days after the date on the Notice to Proceed. It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 3rd, 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 4`" and 5` ", the first Monday in September (Labor Day), November 11`h (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving), December 24`h through the 26`h (Christmas), and December 31"(New Year's Eve). 6 -7.4 Working Hours. Normal working hours are limited to 7 a.m. to 4:30 p.m. Monday through Friday for all portions of the project except for Coast Highway. Working Hours on Coast Highway are limited to 9 a.m. to 3:30 p.m. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 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 • • SP5OF21 Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 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. Shutdown of existing valves will have considerable leakage. At every connection the contractor will have to cut and plug existing main to compensate for said leakage. For the watermains to be constructed within the Seashore Park, the successful contractor shall designate the area of landscape disturbance prior to start of the work (as approved by the engineer). Damage to areas outside the designated areas will be repaired by the city and deducted from the final payment. The Contractor is to notify City Parks Superintendent, Marcy Lomeli, three days prior to any work at 949 -644- 3069. Two contractor's will be doing construction to Seashore Drive to Underground the overhead utilities and rehabilitate street light facilities. It is the contractors responsibility to coordinate traffic control with these contractors. The City shall provide and install new water meters. The Contractor shall provide new meter boxes for the water services in which they are to be replaced. For those cases the 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 0 • SP6OF21 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "if the Contractor elects to use 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, Newport Harbor, the beach, or the ocean." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: 'The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. 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)." 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. 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- 0 0 SP7OF21 construction meeting - a traffic control plan and detour plan. 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. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall 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, Mr. William Russo, at (949) 718 -3468 and all property owners. 5. The Contractor shall accommodate the City's street sweeping. Street sweeping for Seashore Drive occurs on Mondays. Either provide access for street sweepers or the Contractor shall be responsible for keeping the streets clean." 6. On Seashore Drive construction shall be done in phases. Construction in adjacent phases will not be allowed until the previous phase has been complete. When construction is taking place between 54`h and Prospect Streets, the contractor will not have any construction activities between 54`h and 42nd Streets. It will also be.prohibited to close consecutive one -way streets that flow in the same direction at any given time. For example, 44th Street and 42nd Street both flow from Seashore Drive, north, to Balboa Boulevard. These streets may not be closed simultaneously. Additionally, a "Road Closed to Thru Traffic" sign must be placed at the entry point to any street that has an outlet closed on Seashore Drive. Maintain pedestrian and bikeway traffic through work area with use of fencing or detours at all times. 7. There are going to be two other Contractors working on Seashore Drive. A Contractor will be placing the private utilities underground, and another will be replacing the street light luminaires. Coordination will be required to avoid construction and traffic conflicts. 0 SP8OF21 8. The Contractor shall have no greater than 500 feet of pipeline open trenched at any given time. Temporary paving shall be in place prior to moving to the next area. 9. When constructing watermains located within the two alleys (sheets 9 and 12), alley closures will be allowed during working hours. Complete access shall be returned at the end of each day for every driveway and garage. Bypass piping shall be installed that will allow access to garages during non- working hours. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be 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 and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent 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. 0 0 SP9OF21 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 separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. 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, preparation of the 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 0 • SP 10 OF 21 residents and businesses. In addition, this item shall include preparation of traffic control plans (prepared and signed by a California licensed traffic engineer), and providing the traffic control required by the project. This will include but not be limited to: signs, cones, barricades, flashing arrow signs, K -rail, temporary striping, and flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 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 the 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. Item No. 4 Construct 6 -inch PVC, C -900, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal and disposal (existing AC 8- inches thick), potholing and 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, and compaction per trench detail on sheet 9, installation of pipe, fittings, couplings, thrust blocks, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 5 Construct 8 -inch PVC, C -900, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal and disposal (existing AC 8- inches thick), potholing and 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, and compaction per trench detail on sheet 9, installation of pipe, fittings, couplings, thrust blocks, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 6 Construct 12 -inch PVC, C -900, Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal and disposal (existing AC 8- inches thick), potholing and 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, and compaction per trench detail on sheet 9, installation of pipe, fittings, couplings, thrust blocks, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent 0 0 SP 11 OF 21 support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place.. Item No. 7 Install 6 -inch Class 150 Resilient Wedge Gate Valve (FExFE) including Valve Box and Cover: Work under this item shall include furnishing and installing a 6- inch Resilient Wedge Valve with stainless steel trim in accordance with the City of Newport Beach STD -508 -L including but not limited to, valve box and cover, riser pipe, and valve extension and all other work items as required to complete the work in place. Item No. 8 Install 6 -inch Class 150 Resilient Wedge Gate Valve (FExMJ) including Valve Box and Cover: Work under this item shall include furnishing and installing a 6- inch Resilient Wedge Valve with stainless steel trim in accordance with the City of Newport Beach STD -508 -L including but not limited to, valve box and cover, riser pipe, and valve extension and all other work items as required to complete the work in place. Item No. 9 Install 8 -inch Class 150 Resilient Wedge Gate Valve (FExMJ) including Valve Box and Cover: Work under this item shall include furnishing and installing an 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, riser pipe, and valve extension and all other work items as required to complete the work in place. Item No. 10 Install 8 -inch Class 150 Resilient Wedge Gate Valve (MJxMJ) including Valve Box and Cover: Work under this item shall include furnishing and installing an 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, riser pipe, and valve extension and all other work items as required to complete the work in place. Item No. 11 Install 12 -inch Class 150 Butterfly Valve including Valve Box and Cover: Work under this item shall include furnishing and installing an 12 -inch Butterfly Valve stainless steel trim in accordance with the City of Newport Beach STD -508 -L including but not limited to, valve box and cover, riser pipe, and valve extension and all other work items as required to complete the work in place. Item No. 12 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 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 watermain to the existing system complete and in place. Item No. 13 Remove Existing and Install New 1 -inch Water Service with Meter Box and Cover: Work under this item shall include removing existing service and install new • • SP 12 OF 21 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 excavated 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. The water service passes under a rolled curb and gutter. The contractor shall protect in place rolled curb and gutter. Any damage shall be repaired at the sole expense of the contractor to the nearest construction joint. Item No. 14 Remove Existing, Install New 1 -inch Water Service, and Reutilize existing Meter Box: 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 excavated 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). The service shall be bored under rolled curb and hardscape. The contractor shall protect in place rolled curb and gutter and hardscape. Any damage to said improvements shall be repaired at the sole expense of the contractor to match existing conditions. Item No. 15 Remove Existing and Install New 2 -inch Water Service with 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 excavated 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 4 -inch thick PCC sidewalk repair (to the nearest full joint) will be required. The water service passes under a curb and gutter. The contractor shall protect in place curb and gutter. Any damage shall be repaired at the sole expense of the contractor to the nearest construction joint. Item No. 16 Remove Existing and Construct Fire Hydrant Assembly: Work under this item shall include removing existing fire hydrant assembly and constructing new fire hydrant assembly per CNB STD - 500 -L, including but not limited to sawcutting, removing and disposing of existing pavement, exposing utilities in advance of work, trench excavation, temporary patching or trench plates, control of ground or surface water, disposal of excess excavated materials, removal and disposal of existing fire hydrant assembly (including water valves), installation of new assembly and all other work necessary to complete the work in place. �J • SP 13 OF 21 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 9 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 sections per Sheet 9 of plans. Item No. 18 Cold Mill and Overlay 2" Asphalt Concrete: Work under this item shall include but not limited to cold milling to a depth of 2- inches, disposing of waste material, applying tact coat, and constructing 2 -inch asphalt concrete overlay, and all other work necessary to complete the work in place. Cold Milling and 2 -inch Overlay shall take place after trench resurfacing is complete. Item No. 19 Remove Existing and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include the removing and disposing al of the existing sidewalk, subgrade compaction, construction of new 4 -inch thick P.C.C. sidewalk, repairing any damaged private improvements, and all other work items as required to complete the work in place. All construction shall extend to the nearest full slab. Item No. 20 Construct Curb Access Ramp. Work under this item shall include sawcutting, removing, and disposing of existing improvements, protecting existing utilities, constructing minimum 2' wide full depth AC patchback (compacted in three lifts), constructing new PCC Curb Access Ramp to match existing (with NO gutterlip), and all other work required to construct the Curb Access Ramp complete and in place. Item No. 21 Remove Existing and Construct 4 -Inch Thick Decorative Integrally Colored Stamped P.C.C.: Work under this item shall include removing and disposing of existing decorative 4 -inch P.C.C. pavement, subgrade compaction, constructing the 4- Inch thick P.C.C. and all other work items as required to complete the work in place. New P.C.C. should match existing P.C.C. in color (Terra Cotta) and surface pattern groves (3/4 inches deep). Item No. 22 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include sawcutting, removing, and disposing of existing cross gutter, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter to the nearest full slab, and all other work items as required to complete the work in place. Item No. 23 Traffic Striping, Markings, and Markers: Work under this item shall include installing traffic striping, pavement markers, temporary striping, and all other work items as required to complete the work in place. Item No. 24 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. 0 0 SP 14 OF 21 Item No. 25 Trench Excavation Safety Measures: Work under this item shall include but not be limited to submitting a detailed plan to the engineer prior to excavating any trench greater than five feet in depth per the project specifications. Item No. 26 Temporary Water Main Bypass: For work to the two alleys (sheet 9 and 12) temporary water main bypassing will be required. Work under this item shall include but not be limited to installation and removal of a temporary water main bypass, connection to house services, restraining of temporary piping, and all other work necessary to install and remove temporary water main bypass complete and in place. Bypassing shall not interfere with access to all driveways and garages. A bypass plan shall be approved by the engineer prior to installation of bypassing. Item No. 27 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." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: 'The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 207 -- -PIPE 0 0 SP 15 OF 21 207 -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 Type 316 Stainless Steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All Fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints." 207 -9.2.3 Fittings. Add to this section: "Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21 -10) and a shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI 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." • 0 SP 16 OF 21 207 -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." 207 -9.4 AWWA Butterfly Valves 207 -9.4.1 General. All butterfly valves shall be of the tight - closing, rubber - seat type, conforming to the design standards of ANSI /AWWA C504 latest revision, except where noted herein. Valves shall be bubble -tight at the rated pressure in either direction and shall be suitable for throttling service and /or operation after longs periods of inactivity. Manufacturer shall be ISO 9001 Certified or have similar certification up and above AWWA. All butterfly valves shall be from the same manufacturer. Valves shall be, K -FLO Wolverine Fig. 506 (Class 150), or approved equal. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI B16.1 flange drilling. All valves to have 316 stainless steel exterior body bolts. Discs shall be of the concentric design. Valve discs shall be constructed of ductile iron ASTM A536, Grade 65 -45 -12 with a 316 stainless steel edge. Valves shall have a one piece through shaft of 18 -8 stainless steel, corresponding to the requirements of AWWA C504, latest revision. The shafts shall fasten to the disc by means of a threaded disc pin or through pin providing a positive leak proof connection of the shaft to the disc. Seats shall be simultaneously bonded and vulcanized to the body of the valve. All interior surfaces in contact with water, excluding stainless steel and disc shall be rubber lined or epoxy coated. Valves with the rubber seat located on the valve disc will not be permitted. Seats shall be designed so that no adjustments or maintenance is required. All shaft bearings shall be of the self - lubricating, corrosion - resistant, sleeve type. Bearings shall be designed for horizontal and /or vertical shaft loading. Shaft packing shall be. self- adjusting and suitable for pressure or vacuum service. The flow path for valves shall be fully rubber lined. The valve disc shall be Fusion Bonded Epoxy Coated with an AWWA NSF -61 coating system or liquid epoxy on wetted interior surfaces 16 mils, holiday free. Exterior coating shall have 16 mils of liquid epoxy. All valves to be painted at the factory by the valve manufacture. All valves shall be hydrostatic and leak tested in accordance with ANSI /AWWA C504, latest revision with the following modification: Valves shall be tested and rated at 200 PSI to facilitate field system hydro -test. All valves to be tested with the actuator installed as a complete unit by the valve manufacture. Provide certified test reports with all valve shipments. Manufacturer furnishing valves shall present proof of compliance with ANSI /AWWA C504, latest revision. The valve actuators are to be installed and tested at the factory by the valve manufacture. All actuators to be provided with 316 stainless steel exterior body bolts. , . • 0 SP 17 OF 21 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." SECTION 215 -- -STORM DRAIN FILTERS 215 -1 GENERAL Filters shall be installed across inlets for all new catch basins that drain into new storm drain systems as shown on the plans. Insert widths shall match the curb opening widths of catch basins. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words "1 '/2 inch" of the last sentence with the words "two (2) inches ". • SP 18 OF 21 300 -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. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: `The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks'' /< -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: `Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed. 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: 'The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk 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." .R SP 19 OF 21 303 -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 alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: 'The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 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." 0 0 SP 20 OF 21 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping 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- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in anyone 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 0 0 SP 21 OF 21 400 -2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base as the base materials." F:\ USERS \PBMShared \Contracts \MASTERS \CONTRACT SET UP \MASTER SPECS.doc Last saved by ssoyler08/10 /2004 3:00 PM • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 August 24, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby, P.E. 949 - 644 -3311 scrumby@city.newport-beach.ca.us SUBJECT: PIPELINE MASTER PLAN REPLACEMENT PROJECT - SEASHORE DRIVE BETWEEN 34TH STREET TO CEDAR STREET AND OCEAN FRONT ALLEY BETWEEN 23RD STREET TO 32ND STREET - AWARD OF CONTRACT NO. 3644 RECOMMENDATIONS: 1. Determine that the project is exempt from environmental review pursuant to Section 15302 of the California Environmental Quality Act Implementing Guidelines. 2. Approve the plans and specifications. 3. Award Contract No. 3644 to Majich Brothers, Inc. for the Total Bid Price of $1,045,900.00, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $104,000.00 to cover the cost of unforeseen work. DISCUSSION: At 10:00 A.M. on August 10, 2004 the City Clerk opened and read the following bids for this project: BIDDER Low Majich Brothers, Inc. 2 Special Services Contractors 3 SoCal Pacific Construction Corporation 4 John T. Malloy, Inc. 5 GCI Construction, Inc. 6 Mike Bubalo Construction Company. Inc. 7 ARB Inc. Contractors TOTAL BID AMOUNT $1,045,900.00 $1,133,748.00 $1,184,580.00 * $1,222,500.00 $1,339,990.00 * $1,403,995.00 $2,116,350.00 * Corrected Bid Amount Subject: Pipeline Master PiReplacement- Seashore Drive Between 34" St *to Cedar Street and Ocean Front Alley Between 23` Street to 32nd Street — Award of Contract No. 3644 August 24, 2004 Page: 2 The low total bid amount is 6.8 percent below the Engineer's Estimate of $1,122,000.00. The low bidder, Majich Brothers, Inc., possesses a General "A" Contractors License as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities, and the City of Newport Beach in the past. The water facilities that lie within Seashore Drive were constructed in 1938, are cast iron pipe, and at various locations weave under private property. These facilities were identified in the Water Master Plan (1999) as needing to be rehabilitated and were targeted for construction in 2010. City staff has moved this project ahead to be constructed this year to coordinate with the efforts of the underground assessment district that passed on July 28, 2004. This project has been coordinated with the assessment district to eliminate utility conflicts and coordinate the timing of construction while rehabilitating and relocating the water facilities. Also, two locations of water mains that cross Coast Highway will be upsized to increase the efficiency of the water system. Per the Contract Specifications the Contractor will have 100 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Geotechnical /Survey Services: Geotechnical Services will be provided by outside sources for $18,824.00, and Survey services will be provided by outside consultants for $13,138.00. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Water Enterprise Prepared by: Sean Crumby, P.E. Associate Civil Engin r Attachments: Project Location Map Bid Summary Account Number Amount 7501- C5500578 $1,149,900.00 Submitted by, Works Director 2 U Q w m O IL w z LL O F}- U H Z w a w U J m a W — F 7 U O w yr y ') U d W U = U U Z w OQ Q � U O 0 m 0 O w c a u O W d 0 O t N a d } m O O N .0 '? 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