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Home My WebLink AboutC-3802 - Balboa Island and Other City Sewer Main Point RepairsWS) OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 9, 2012 Mr. John T. Malloy John T. Malloy, Inc. 3032 Bandini Boulevard Los Angeles, CA 90058 Subject: Balboa Island & Other City Sewer Main Points Repair C -3802. Dear Mr. Malloy: On November 8, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 18, 2011. Reference No. 2011000588578. The Surety for the contract is Suretec Insurance Company and the bond number is 4380995. Enclosed is the Faithful Performance Bond. Sincerely, . 4— Leilanf I. Brown, MM1C 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 TWO ORIGINALS EXECUTED CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 302 BOND NO. 4380996 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,1 `19.00 , being at the rate of $ 34.4o per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to John T. Malloy, Inc., hereinafter designated as the " Principal", a contract for construction of BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS, Contract No. 3862 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. 3802 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and SURETEC INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety ( hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighty-Six Thousand, Fifty and 001900 Dollars ($286,650.00) 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. 29 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Band, 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 4TH day of OCTOBER , 2010. JOHN T MALLOY INC. John T. Malloy, Inc. (Principal) SURETEC INSURANCE COMPANY Name of Surety 3083 FIFTH AVE., #300 SAN DIEGO, CA 92103 Address of Surety 610/400 -4107 Telephone Autho ized Signature/Titie BY i Cn� Authorized Agent toatur BROOKE LAFRENZ, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED M CALIFORNIA • ACKNOWLEDGMENT State of California County Of SAN DIEGO On October 4, 2016 before me, AUDREY RODRIGUEZ, NOTARY PUBLIC om» Hem Insert Name Tee of rue olficar personally appeared BROOKE LAFRENZ Nan»te) of s;sn4,tw AWREY RODR�IGUEZ� Commission M it02485 Notary PuEfe - Calfomts San piego County Cotton. EiVres Set) 2 2414 who proved to me on the basis of satisfactory evidence to be the person(v) whose name(d3 isIdle, subscribed to the within Instrument and acknowledged to me that he /sheAliq executed the same in 1`90e0ft authorized capacity(f#5), and that by fQ/herAIff6Tr signature($] on the Instrument the person(g), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand and f'clal seat. Signature + Pface NOia7 Seal ptgW Y+gnalore i IMary ib OPTIONAL - ----- Though rho Information below Is not required by law, It may prove valuable to persons rotying on the document and could prevent fraudulent removal and reattachment of fills form to another document. Description of Attached Document Title or Type of Document:_,,,, Document Date: .� Number of Pages Signers) Other Than Named Above: Capacity(les) Claimed by Stgner(s) Signer's Name: Signers Name: ❑ individual ❑ individual CI Corporate Officer— Title(s): 0 Corporate Officer — Tifle(s): ❑ Partner — 0 Limited 0 General D Partner — ❑ Limited ❑ General _ IN Attorney in Fact 0 Attorney in Fact ❑ Trustee Top br 1humb tare ❑Trustee Top al llwmb fete ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Cther: D Other: Signer Is Representing: Signer is Representing:_____ SURETY O?33Y 0.hdrnfllNda�y Rssccrn6an. eaStl tX SOMk�e,P,O.B:x24p'2- ChltrwwC5CA 4131524C2�xxvGNadx�aNOWywg herz Y543i Haxder,Ga:ITN:frac tAO?8l&b82) POA #: 510143 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men Ar These Presents, That SURETEC INSURANCE COMPANY (the "Company'"), a corporation duly organized and existing under the laves of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents stake, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Gladys Rogers its true and lawful Attomey -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /I00 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/12 _— and is made under and by authority of the following resolutions of the Board of Directors of the SurcTec Insurance Company: Be it Resohcrl, that the President, any Vice - President, any Assistant Vice- President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Anorne'v4n -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, convacis, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Anomey -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be if Resolved, that the signature of any authorized officer and seal of the Company heretofore or bereafter affixed to any power of attorney or any certiticine relating thereto by facsimile, and any power of attorney or certificate beating facsimile signature or facsimile seat shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meetings Held on 2e of April, 1999.) fn Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, AM. 200$. SURETEC TNS CE COMPANY gr By lw �y B.J. K6 eslrlent State of Texas as: County of Harris On this 28h day of October, 2008 before me personally came BJ. King, to nie known, who, being by me duly swom, did depose and say, that he resides m Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that tic knows the seal of said Company; that Ow seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of t.hrcctors of said Company; and that he signed his name thereto by like order, Michelle Denny rr Slate of Texas �? ° &aus.,a,qUkt27,2(t4 Michelle Denny, Notary P lie My commission expires August 27, 2012 1, M. Brunt Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attemey are in full force and effect, Given tinder my hand and the seal of said Company at mouston, Texas this 4th day of. October , 2010 , A.D. M. Brent aty, Assis ant Secretary Any instrument issued in excess of the pertilty spato;} ab ova is !dally Vold and without any validity. For verification of the authority of this powar you may tail J7 13) 812.0800 any business day between 8:00 am and 5:00 pm CST. State of California I County of Los Angeles On Oct. 05, 2010 before me, _Carol A. Wharry, Notary Public Dale _w Here iosart Name aaOTltte of the Omer personally appeared John T. Malloy Name(sj of Sfgner(s} CAROL A. WHARRV Commission # 4872175 = w Notary Public - California s z Los Angeles County My Coommm,EEx ire's Cecc224°, 2613+ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose names' is /are subscribed to the within instrument and acknowledged to me that he /sheA4ey executed the same in histheri`their authorized capacity(iee), and that by his/her /their signature(e), on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature C vl-_? � et _ pq py ^p/��} /� p Signature of Notary Public ^ 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: Faithful Performance Bond Document Date: Oct. 04, 2010 Number of Pages: Two Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) None Signer's Name: John T. Malloy D Individual XX Corporate Officer— Title(s): President _ ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Represenfing:—,,„�. Top 7thumb Signer's Name: D Individual ❑ Corporate Officer — Title(s): , E, Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: To of ftbib hPre l.V /�'FJG \�.`..4G�B ...\%t1 ✓:� 1. \`�:4 -r .0 \t L(✓G�'v. W✓ `N /Y.U�.lG\✓(.' 97M T- -774`7 . - 0+�J%\v S.�l✓...'.�4U -.4 .v.�. • \L'h�%A�.L.R 02007 °. Solo Aye, PO flem ., OFFICE OF THE CITY CLERK Leilam 1. Brown, MMC December 23, 2011 Mr. John T. Malloy John T. Malloy, Inc. 3032 Bandini Boulevard Los Angeles, CA 90058 Subject: Balboa Island & Other City Sewer Main Points Repair - C -3802 Dear Mr. Malloy: On November 8, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on November 18, 2011, Reference No. 2011000588578. The Surety for the bond is Suretec Insurance Company and the bond number is 4380995. Enclosed is the Labor & Materials Payment Bond, Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644-3039, www.cityuewport- beach.ca.us TWO ORIGINALS EXECUTED PREMIUM INCLUDED IN PERFORMANCE BOND PREMIUM CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 BOND NO, 4380995 •:i' � i C1 i VVh tNLA6, the uny L.Quncli OT the uIty OT NeWpOn beach, Wale Or UalITOMIa, Dy motion adopted, has awarded to John T. Malloy, Inc., hereinafter designated as the "Principal," a contract for construction of BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS, Contract No. 3802 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. 3502 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, SURETEC INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Eighty -Six Thousand, Fifty and 001100 Dollars ($286,050.00) lawful money of the United States of America, said sum being equal to 9110% 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 93020 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. 33 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 Band 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 4TH day of OCTOBER , 2010. JOHN T. MALLOY, INC. John T. Malloy, Inc. (Principal) SUIRETEC INSURANCE COMPANY Name of Surety 3033 FIFTH AVE., #300 SAN DIEGO CA 92103 Address of Surety 619/4004107 Telephone BY: Wti✓tl Autho ized Signature/Title r- BY, Authorized Agent S Vatur e BROOKE LAFRENZ, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -� ."..� �iL�. �. 'a �. nN t.¢. ' �.., C• +ix =iR. - +;s q`. as�ii �s� � >GiS4'i ae. »F.ai,a State of California County of SAN Of EGO On October 4, 2010 before me, AUDREY RODRIGUEZ, NOTARY PUBLIC Date Nose Insert Na o e,MTko of the Omrcer personally appeared BROOKE LAPRENa Neme(o) of stgnegsj AUDREY RODRIOue2 C01off"Sitln N 1902485 Notary Public • cafffornta San 040o County - La— tly, co", WW" Sa 2 2 14 who proved to me on the basis of satisfactory evidence to be the person($) whose name(dry is/4% subscribed to the within Instrument and acknowledged to me that IY # /sheltll" executed the same in lWherltbteFr authorized capacity0a), and that by fii#/herANiffir signature(gl on the instrument the person( #), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand at official seat. Signature pfaco Noloty Seal A40Ve S3grulue •('oWry u -- OPTIONAL Though the Information below Is not required by law, if 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 Signar(s) Signer's Name: 0 Individual • Corporate Officer—Title(s): • Partner — Ci Limited D General 19 Attorney in Fact Q Trustee Tan of thumb We • Guardian or Conservator • Other: Signer Is Representing: SURETY Number of Pages: Signer's Name: • Individual • Corporate Officer — Tille(s): _ O Partner — © Limited O General • Attorney In Fact O Trustee Cl Guardian or Conservator O Other: Signer is Representing:_,.. NTIOFS"weiaa . 927 NaC.Mei notary Ass<dadan•93ud i5e Sara Ate,r!Qacz NDi•Chatawwlh.CA 913132da2•xwuNaYn,P'NOtarypq item e59p7 flearAer.Ca47dFFroe fAhR8163a2) POA 4: 510143 SureTec Insurance Company LIMITER POWER OF ATTORNEY Know Alf :Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the taws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdiil, Michael W. Thomas, Brooke Lafrenz, Gladys Rogers its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recogni2ances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as frilly and to the same extent as if such bond were signed by the President, sealed with the corporate seal of tire Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in ttte premises. Said appointment shall continue in force until 10/31/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTee Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with frill power and authority to appoint any one or more suitable persons as Anotney(s) -in -Fact to represeni and act for and on behalf of the Company subject to the following provisions: Artorne'v4n -fart may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted al a meeting held on 2& of April, 1499.) In Fitness Whereof SURETEC: INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008, SURETEC INS CE COMPANY 4' By: — &J. Ki esident Stato ofTesas ss: County of Harris On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Aonston, Texas, that he is President of SURETFC. INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors ofsaid Company; and that he signed his name thereto by like order. 4 Michelle Denny NoWy Raise State OfTexits W iekpttL � °e ha Eywwt>+uatsttn,:mta Michelle Denny, Notary Piktk My commission expires August 27, 2012 L M. Brent Beaty, Assistant Secretary of SURHTECr INSURANCE COMPANY, do hereby certify that the above and foregoing N a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Atiomey are in full force and eflecr. Given tinder my hand and the seal of said Company at Houston, Texas this 4th day of October 2Q 10 , A.D. M. Brent Beat,,. ant Secretary Any instrument issued in excess of the tienal" -y sioted Ebey!, is totally void and without any validity. for verification of the authority of this power pain may All 7^ 1) btu -0800 any business day between 9,00 am and 5:40 pre CST. tt k3 t e � :..�'! ', �- �>.r1<.r<.sr:S'''sv' ..i5�s'?.Y- .' "... .. ' 'rte.. -. a;i...4�n:��..' �✓^o-!_�� .:,..�. State of California County of —Los Angeles. On Oct. OS, 2010 _ before me, Carol A. Wharry, Notary Public Date Here Insert Name and Tllle of the Officer personally appeared John T. Malloy Names) 01 Sgner(s) CAROL A. WHARRY Commission 1872178 z Notary Public - California Los Angeles County v O Comm. Expires Doc 2433 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(, is /ace subscribed to the within instrument and acknowledged to me that helishreAtiey executed the same in his /hedtheir authorized capacity(ies), and that by hisiber e4r signature(Oon the instrument the person(sy, or the entity upon behalf of which the person( -s - cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea(, Signature, . P1a4e Notary Seal Above Signature of Notary Public O { CIVA3m ,®....�� Though the information below is not required bylaw, 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: Labor and Materials Document Date: Oct. 04, 2410 Signer(s) Other Than Named Above: None Capacity(9es) Claimed by Signer(s) Signer's Name: John T. Malloy 0 Individual XX Corporate Officer— Title(s): President.,_ 0 Partner -- Cl Limited ❑General G Attorney in Fact n Trustee C] Guardian or Conservator CJ Other: Signer Is Representing _of _ Top oI thumb here :. .i Number of Pages: TWO — Signer's Name: CI Individual • Corporate Officer — Tiile(s): • Partner — O Limited D General C) Attorney in t=act D Trustee D Guardian or Conservator ❑ Other:_,_.,__._... Signer Is Representing: Top of thumb here L_j 02007 Notarial Notary Msvoaliorr 9350 be $olo Ave. P 0 Box 2402• ChBleworttl, CA 91313 2402,w Natiort.Nresr, Or9 ham 45907 reorder. Call Tol Free 1 800 876 68?7 r" fficial Records, Orange County [_ qiiil�lv , 1 rk-Recorder RECORDING REQUESTED BY AND I IIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE WHEN RECORDED RETURN TO: 7gli NOV 2VAICOW578 10:06 am 11/18/11 276 418 N12 1 City Clerk QFRoOoo 0.00 0.00 o.00 0.00 0.00 0.00 City of Newport Beach T E CITY CLERK 3300 Newport Boulevard C(T!' If "MIXIMMT Mr.,,„ Newport Beach, CA 92663 "Exempt from recording fees p 9 pursuant to Government Code Section 27383" NOTICE UF C:OMPLETiON NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and John T. Malloy, Inc. of Los Angeles CA, as Contractor, entered into a Contract on September 6, 2010. Said Contract set forth certain improvements, as follows: Balboa Island & Other City Sewer Main Point Repairs - (C-3802) Work on said Contract was completed, and was found to be acceptable on November 8, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Suretec Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on NOy� �� , at Newport Beach, California. BY City Clerk oaNIP+ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and John T. Malloy, Inc. of Los Angeles CA, as Contractor, entered into a Contract on September 6, 2010. Said Contract set forth certain improvements, as follows: Balboa Island & Other City Sewer Main Point Repairs - {C -3802} Work on said Contract was completed, and was found to be acceptable on November 8, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Suretec Insurance Company. VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on�}�11 'r- �t �c/� at Newport Beach, California. BY City Clerk • OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC November 9, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: 2010 -2011 Ocean Piers Maintenance (C -4682) • Balboa Island & Other City Sewer Main Points Repairs (C -3802) • 2010 -2011 Citywide Slurry Seal (C -4604) • Central Balboa Water & Sewer Improvements (C -4067) • Wastewater Pump Station Rehabilitation (C -3804) • Ocean Front Street and Alley Replacement (C -4316) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, 4 1� S� bm". Leilani 1. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax.: (949) 644 -3039 � www.city,newport- beach.ca.us November 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949- 644 - 3311, sbadum@newportbeachca.gov newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED: TITLE: Balboa Island & Other City Sewer Main Point Repairs — Completion and Acceptance of Contract No. 3802 ABSTRACT: On September 28, 2010, City Council awarded Contract No. 3802 (Balboa Island & Other City Sewer Main Point Repairs Project) to John T. Malloy, Inc., for a total contract cost of $286,050.00 plus a 15% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code, 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount Balboa Island Sewer Main Improvements 7531- C7002003 $ 302,496.81 Total Construction Cost: Total: $ 302,496.81 BALBOA ISLAND & OTHER CITY SEWER MAIN POINT REPAIRS — NOTICE OF COMPLETION OF CONTRACT NO. 3802 November 08, 2011 Page 2 DISCUSSION: Overall Contract CostlTime Summary The work necessary to complete this contract consisted of the replacement of damaged and deteriorated sewer mains, manholes and service laterals in Balboa Island, Balboa Peninsula and West Newport communities. 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: $ 286,050.00 Actual cost of bid items constructed: $275,740.00 Contract Time Contract Award Final Cost at Benchmark Actual Time Under ( -) Amount Completion Target Contract (days) or Over ( +} $286,050.00 $302,496.81 15% or less 5.7% 120 -8 The work necessary to complete this contract consisted of the replacement of damaged and deteriorated sewer mains, manholes and service laterals in Balboa Island, Balboa Peninsula and West Newport communities. 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: $ 286,050.00 Actual cost of bid items constructed: $275,740.00 Total change orders: _ $26,756.81 Final contract cost: $ 302,496.81 There was one change order totaling $26,756.81. The change order was for additional deteriorated sewer main discovered during construction as well as delay costs related to working around unknown interfering utilities (on 47th Street & Neptune Avenue and Oceanfront Alleys). A summary of the project schedule is as follows: Estimated Completion Date per 2010 Baseline Schedule: May 27, 2011 Project Awarded for Construction: September 28, 2010 Completion Date from Award with Approved Extensions: July 27, 2011 Actual Substantial Construction Completion Date: July 15, 2011 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. 88LBOA ISLAND & OTHER CITY SEWER MAIN POINT REPAIRS — NOTICE OF COMPLETION OF CONTRACT NO. 3D02 November A8,281? Page Submitted by: mG. BadU0 Works Director Attachment: Location Maps � w.,otmw .w -,c'c - miso /sa awssczss \'a�a tvaa wn +�++s x�o nwa n�� v�wu ooace s- stm- sly ^"a •' w. �^'° sla .�resWwy�aovalcroA4s>maa \s.«alx T niiacnment A 1 OT L A. r � FF � nb r r ' kr`�yWt r PCpz i milk MNO . • _ •• 0 I � • _ 0 LU .. UJ .. niiacnment A 1 OT L A. 2of2 Company Profile Company Profile Page I of 2 SURETEC INSURANCE COMPANY 952 ECHO LANE, SUITE 450 HOUSTON, TX 77024 Agent for Service of Process JERE KEPRIOS, CIO CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES, CA 90017 Unable to.l Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: 10915 00,00 4914 -8 October 24, 2005 UNLIMITED - NORMAL Company Type: Property & Casualty State of Domicile: TEXAS Lines of insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http:llinteractive. web .insurance..ca.gov /webuser /idb co prof utl.get co_prof?p_EID =10... 10/20/2010 CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 Until 10:00 a.m. on the 2nd day of September, 2010, at which time such bids shall be opened and read for BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS Title of Project Contract No. 3802 $323,785.00 Engineer's Estimate Works Director Prospective bids brs may obtain one set of bid documents for $25 at the %ffice of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Genera/ "A" Contractor License required for this project For further information, call Alfred Castanon, Proiect Manager at (949) 644- 3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: httip://www.NewportBeachCA.gov CLICK: Online Services / Bidding & Bid Results • •- D- ll VIM NITA lqiLl CONTRACT NO. 3802 TABLE OF CONTENTS NOTICE INVITING BIDS.. ..................... .................................. _.............................. Cover INSTRUCTIONS TO BIDDERS ....... ................................. ....... .... ............... ...... .3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES... ...... - ....... 9 NON - COLLUSION AFFIDAVIT ........ ................................ .. . ... ...... .......... .......... 13 DESIGNATION OF SURETIES ........................................... .............................14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........ ............ ... .......... ........ ... ..... ....15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................17 INFORMATION REQUIRED OF BIDDER ........................................ .............................18 NOTICE TO SUCCESSFUL BIDDER..... .........................._.._........ ........,.........._........_21 CONTRACT...................................................................................... .............................22 FAITHFUL PERFORMANCE BOND ...................................._._....... .............................29 LABOR AND MATERIALS PAYMENT BOND .... ... ..................... ..... .... ............. ..........._33 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ...... .................. .................................._..... ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 INSTRUCTIONS TO BIDDERS 1 The (uUovvng documents shall be uumok*8ed. executed and received by the City (]m/k in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OFSUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED 0FBIDDER ALL ADDENDA T0 PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR T0 BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON-COLLUSION AFFIDAVIT DESIGNATION 0FSURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum riot less than 10 percent of the total bid price) may bo received iA lieu of the BIDDERS BOND. The title Of the project oodN*uwnjs"Seuled Bid" shall be clearly marked oo the outside n(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 ofbid. 4, BIDDER'S BOND d18U be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner |otransact 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 k> allow the comparison o/ total bid prices. 6. Bids are b)bo computed upon the estimated quantities indicated io the PROPOSAL multiplied bv unit price submitted by the bidder. |n the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals, The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City 0i Newport Beach reserves the right k) reject any 0r all bids and 10 waive any minor irregularity 0r informality in such bids- Pursuant hu Public Contract Code Section 22300,8t the request and expense u/the COnt'QC|nr' securities oh8|| be permitted in substitution of 3 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, classi€ication, 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 — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 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. ag "1 n&55 A- Z antractor's License No. & Classification Bidder V Aut orize Signature Title lC of 116 Date 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 13ALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 BID DATE: SEPTEMBER 2, 2010 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 SUrn Of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID ----- Dollars ($ 10% OF BID AMOUNT ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS, Contract No. 3802 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 fort-n(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 Band 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 25TH day of AUGUST _,2010, JOHN T. MALLOY, INCORPORATED Name of Contractor (Principal) SURETEC INSURANCE COMPANY Name of Surety 3033 FIFTH AVENUE SUITE 300 SAN DIEGO CA 92103 Address of Surety 619-400-4107 Telephone Autho;itV Signature[ -Title ,lWhorized Agent Signature GLADYS ROGERS, ATTORNEY -IN -FAC' Print Name and Title (Notary acknowledgment of both Principal & Surety must be attached) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On 25 AUGUST 2010 before me, B. LAFRENZ, NOTARY PUBLIC Date Here Insert Name and Telo of the Olrxer personally appeared GLADYS ROGERS Name(s) of signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(d) islitb subscribed to the within instrument and acknowledged to me that Y19/she/190 executed the same in his/her/their authorized B LAFRENZ capacity(ies), and that by fM1her/W6Tr signature(} on the Commission r 1834476 Instrument the person(g), or the entity upon behalf of a=� Notary Public •• Calhornia i • y San Diego County which the person(g) acted, executed the instrument. My Comm. E ares Feb 28.2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m han and official seal. Signature ' ' Place Notary Sea] Above signals of Notary Pub5o OPTIONAL — Though the Inform aflon below Is nor required by law, It may prove valuable to persons re ying ort 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(s) Signer's Name: O Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — U Limited E7 General ❑O Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: SURETY r+tc»rnit'PA+ter s 7:OFSIUSAM 3: Number of Pages: Signer's Name: ❑ Individual O Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited O General ❑ Attorney In Fact ❑ Trustee D Guardian or Conservator ❑ Other: Signer Is Representing: Iii t3�iJTHt1M BPRItJ� •�=OFSIONER__ p$r 02D07 National Notary Assoc:atun- 9350 Do Soto Aga., P.0.0ox 2402 • Chatsworth, CA 91313-2402 -wrwNatiwo'Notary.org hem x5907 Reorder Ca,4Toh-Free l -8m87&6827 POA 4: 510143 POWER LIMITED OF ATTORNEY Know All Mett by These Presents, That SURFTEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, Constitute and appoint Larry D. Cogdfll, Michael W. Thomas, Brooke Lafrenz, Gladys Rogers its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as filly and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises, Said appointment shall continue in force until 10/31/12 and is made tinder and by authority of the following resolutions of the Board of Directors of the SurcTec Insurance Company: Be N Resolved, that the President, any Vice - President, any Assistant Vice- President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Auornce,in -R'aet may be given fuii power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, Contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and scaled and ef#ected by the Corporate Secretary. Be if Revolved, dial the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any cend'icate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond ar undertaking to which it is attached. (Adopted at a meeting held on 20' of April, I r,,y7q ) In Kinners Whereof, SURE ITC INSURANCE COMPANY has caused these presents, to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETEC INS )C`E COMPANY ti / r : By: ..�.... £ B,J. K! ; esident State of'rexas ss: "' l County of Harris On this 28h day of Oetaber, 2008 before me personally came B.I. King, to me kno vii, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURFTBC INSC1RANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of ,,,aid Company; and that he signed his name thereto by like order. M1� owy Denny State ot74 f " Expgwhpwt27,zots lV MlcheBe Benny, Notary P He My commission expires August 27, 2012 1, M. Bmto Beaty, Assistant Secretary of SURETP.C. INSURANCE COMPANY, do larseby certify that the above and foregoing is a true and correct copy of a Power of Artorney, executed by said Company, which is still in flail force and effi ek and furthermore, the resolutions of the Board of Directors, set out in the Power of Attomey are in hell force and effect. Given under my hand and the seal of said Company at Houston, Texas 'his 2_5th d a5 of August 2010 A.D. t { ivi', grant Beaty. Assis ant Secretary Any instrument issued In excess of the penalty stated above 1s totally void and wit? =wt any validity. For verification of the authority of this power you may tali (713) 812 -0800 any bus;aw36, day between 8:00 am and 5:84 pm CST. CALIFORNIA•ACKNOWLEDGMENT �aS�S,�.'�oac�.•-�.'>!s��S;�avc�.S,.,s�S:�a � aS..s�v:�S�S�vrS;�avc�S�a �5�.c�.'�S;c�S!s�S�..c�..:�S�S!�S.c�S;v\S.�S,�v!�S!o:S,c�,S,�:aS.�S,.aS,�-�.5. S�<..aS:nS.. State of California County of Los Angeles On Sept. 01, 2010 Date personally appeared before me, Carol A. Wharry, Notary Public Here Insert Name and Title of the Officer John Justin Malloy CAROL A. 1NFIARRY Commission #1872176 Notary Public - California Los Angeles County M Comm. Ex fres Dec 24, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/she*M executed the same in his/herftli& authorized capacity(i�, and that by his/he6*heir signature(&} on the instrument the person(.0, or the entity upon behalf of which the person(.} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature d- - Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: Aug. 25, 2010 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: One Signer's Name: John Justin Malloy Signer's Name: ❑ Individual ❑ Individual [XXCorporate Officer — Title(s): Vice President ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 7�7 ❑ Attorney in Fact • ❑ Trustee ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is -• •: Signer Is Representing: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 DESIGNATION OF SUBCONTRACTORS) 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 io of Number Total Bid Name:_.. -- Address: Phone: State License Number: Name: Address: Phone: State trcense Number Name: Address: Phone: State License Number: John T, Malloy A Signature 8 Bidder Vice President CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. Bidders Name Jv1�. -r. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. I Project Name/Number Project Description r Approximate Construction Dates: From --WO-F—To: Agency Name Contact Person Telephone(") -L-14=3_34-7 Original Contract Amount $ � acAmou nt Final Contract A $-,4-77ff 'q -7 70-9 . -- t- 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. Project Name/Number Project Description Approximate Construction Dates� From Agency Name ` [4��!Pormo lephone(;t13) Original Contract Amount inui Contract Amount U final amount is different from 8/igina|` please explain (change orders, extra work, oto,) 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. Project N e/N b J��Q > � Project Description Approximate Construction Dates: Frnrn ---'ao Agency Name Contact Person Telephone (310) Original Contract Amount $ - Sa -70 Mlioco,—Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of clairns. 10 No. 4 1,'�1 � Project Name /Number _,r VL res.�= sf__ g�ce- Ma-, n— 4- Project Description �g'x�ir c� win E�tQ__npa✓jK pur oc,'� Approximate Construction Dates: From O 4 d To: Q 7 / o 8 Agency Name Contact Person ;_Telephone (3k)) Original Contract Amount $ 7t&fW. Final Contract Amount $fir, 60,1 _ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Narne /Number Project Description Approximate Construction Dates: From ._. To: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any clairns against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name /Number Project Description._ Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder I Authorize F9 rMatur;if ilie 12 M � BACKGROUND JOHN T. MALLOY, INC. has been in the construction business for over thirty five years constructing sewer, water and storm drain projects throughout southern California. ORGANIZA`T'ION PRESIDENT JOHN T. MALLOY VICE PRESIDENT JUSTIN MALLOY OPERATIONS MANAGER TOM RYAN FOREMAN FOREMAN FOREMAN PAUL MILLER CHRIS WEBB JIM HORICK EXPERIENCE JOHN T. MALLOY — Over 30 years experience constructing underground pipeline projects. JUSTIN MALLOY -- Over 25 years experience constructing underground pipeline projects. TOM RYAN — Over 25 years experience in the heavy civil engineering construction industry. PAUL MILLER — Over 25 years experience constructing water main projects. CHRIS WEBB — Over twenty years supervising the construction of sewer, water and storm drain projects. JIM HORRICK — Over twenty tears supervising the construction of sewer, water and storm drain projects. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Los Angelep John Justin Malloy being first duly sworn, deposes and says that he or she is Vice President of JOHN T. MA .7 Y, INC , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. JOHN T. MALLOY, INC. Bidder Aut o"edSture Subscribed and sworn to (or affirmed) before me on this 1st day ofSeptember 2010 by John Justin Malloy , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CAROL A. WNARRY otary Public Commission N 1872176 [SEAL] $ • Notary Public - California Loa Angel" County Dec. 24 , 2013 M m. Ex ComTres Doc 24, 2013 My Commission Expires: 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On Sept. 01, 2010 before me, Carol A. Wharry, Notary Public Date Here Insert Name and Title of the Officer personally appeared John Justin Malloy Name(s) of Signer(s) XX Corporate Officer — Title(s): Vice President ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 7�7 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Attorney in Fact CI Trustee ❑ Guardian or Conservator CI Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER �4�✓4�✓,4�•✓,4`✓4�✓, 4�✓4�✓S`✓4�✓4�✓4`%4�✓, 4� 4� 4� 4�✓4� 4�✓4�✓,4�✓, 4�✓4�%4�%4�4�✓, 4� 4'✓4� 4�✓ � 4'✓4�✓, 4�✓4�✓,4`✓.4� 4� `'✓.4�✓• 4� 4� ti✓4"✓LuL'✓4�✓ O 1/ 1•• •� •• X11 •/ CIIC who proved to me on the basis of satisfactory evidence to be the person("hose name.( is/are subscribed to the within instrument and acknowledged to me that he/sbeLtbey executed the same in his/4@Mheir authorized capacity(i®s), and that by his/heN"r signature(s)-on the instrument the persons -, or the entity upon behalf of which the persor4&)-acted, executed the instrument. CAROL A. WHARRY Commission # 1872176 z a =•.: Notary Public - California z 1 certify under PENALTY OF PERJURY under the laws Z Los Angeles County ' of the State of California that the foregoing paragraph is My Comm. Expires Dec 24, 2013 true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Q ' Z Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: Sept. 01 , 2010 Number of Pages: One Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: John Justin Malloy Signer's Name: ❑ Individual ❑ Individual XX Corporate Officer — Title(s): Vice President ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 7�7 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Attorney in Fact CI Trustee ❑ Guardian or Conservator CI Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER �4�✓4�✓,4�•✓,4`✓4�✓, 4�✓4�✓S`✓4�✓4�✓4`%4�✓, 4� 4� 4� 4�✓4� 4�✓4�✓,4�✓, 4�✓4�%4�%4�4�✓, 4� 4'✓4� 4�✓ � 4'✓4�✓, 4�✓4�✓,4`✓.4� 4� `'✓.4�✓• 4� 4� ti✓4"✓LuL'✓4�✓ O 1/ 1•• •� •• X11 •/ CIIC CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 DESIGNATION OF SURETIES Bidders name--Z&LqA. _TC Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): liE'I IMM NUMVILT191 H iWIM MM [a 01 NJ BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Record Last Five (5) Full Years Current Year of Record No. of contracts Total dollar Amount of Contracts (in No. of fatalities Current Record Record Record Record Record Year of for for for for for 4J9 x} 5roa av� Record 2009 2008 2007 2006 2005 2010 ( x:, 35— 16: -14 ow ow 000, 4 'a* ( / 7 1 'OV00, 3t 5301 doo 5J-Zi;0x' Total 0 No. of lost Workday Cases rNo. of lost workday cases involving permanent transfer to another job or termination of — --------- -- L 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. 15 Legal Business Name of Bidder Business Address:p &n�,b ��G11 ;_�Ectoosg Business Tel. No.: 3 — 778D— �tq State Contractor's License No. and Classification: Title The abov information was compiled from the records that are available to me at this time and (ydeclare. under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partnersljoint 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. (NOTARY ACKNOWLEDGMENT MUST BE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT T State of California County of Los Angeles On Sept. 01, 2010 before me, Carol A. Wharry, Notary Public Date Here Insert Name and Title of the Officer personally appeared John Justin Malloy Name(s) of Signer(s) CAROL A. WHARRy 50— a Commission * 1872176 ZNotary Public - California i Los Angeles County MComm. Expires Dec 24, 2013 who proved to me on the basis of satisfactory evidence to be the person(s)-whose name.()- is4are subscribed to the within instrument and acknowledged to me that he/sh ey executed the same in his/hefthuir authorized capacity(ies), and that by his/eFr signature(&) -on the instrument the person(s}- or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Q Place Notary Seal Above Signature of Notary Public O N/p g 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: Legal Business Name of Bidder Sept. 01, 2010 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Number of Pages: One Signer's Name: John Justin Malloy Signer's Name: Ci Individual ❑ Individual XXX Corporate Officer — Title(s): Vice President ❑ Corporate Officer — Title(s): ❑ Partner — r Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact CI Attorney in Fact • ❑ Trustee Top or thumb Here ❑Trustee Top of thumb here + ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,c�::�.•�: ��.• : ��c ��;c��C ��st\Q Q � c C >'�,• .•�:�t��.• : � �� ,�; Q ��s�$�,.�,'��;c�Q��¢�5;�>�� State of California County of Los Angeles On Sept. 01, 2010 Date personally appeared before me, Carol A. Wharry, Notary Public Here Insert Name and Title of the Officer John T. Malloy CAROL A. WHARRY Commission * 1872176 Z:.r Notary Public - California z Z ' Los Angeles County D My Comm. Expires Dec 24, 2013 who proved to me on the basis of satisfactory evidence to be the person(R) whose names} is/ar-e-subscribed to the within instrument and acknowledged to me that he/s�y executed the same in his/hw4hei authorized capacity(iss), and that by his/her/their signature(s)-on the instrument the person(s)or the entity upon behalf of which the person�cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature - Place Notary Seal Above Signature of Notary Public OPTiONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Legal Business Name of Bidder Document Date: Sept. 01, 2010 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) None Number of Pages: One Signer's Name: John T. Malloy Signer's Name ❑ Individual ❑ Individual XXX Corporate Officer — Title(s): President ❑ Corporate Officer — Title(s): ❑ Partner — Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 45907 ReorderCall Toll -Free 1-800-876-6827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 ACKNOWLEDGEMENT OF ADDENDA Bidders name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 17 0� 'i- . • K • '_. BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Address:. -- 00'3. AA1% L4I '& }vcQ.Tf 0S /till I C Telephone and Fax Number: 3.�- -7r<76 —mod C1 I 6a3)._aG�- California State Contractor's License No. and Class:_,. -y (REQUIRED AT TIME OF AWARD) Original Date Issued:_-71'71 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: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone o -9141 dos .�-iiri?le��rl�s ll�l� n lii % n-lai303<1 3 C�c(; s _ -AW4�— L."-q di' F]t�I3Ka Corporation � organized under the laws of the State of _ (fa l i'l Y' ; A- _.—_ 18 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. ,TkAT ON a Ica , ; Bidder _ j 1, (Print name of Owner or President of Corporation/Company) AA2,-- uthorized ignature/Ti le Vr Title DIj /o 11 �ra Date On Sept 01, 2010 before me, Carol A. Wharry Notary Public, personally appeared �Inhn ,Tustin Malloy who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ' (SEAL) Notary Public in and for said State of California My Commission Expires: Dec. 24, 2013 CAROL A. WHARRY Commission # 1872176 Notary Public • Calitornis Los Angeles County 16 -my Comm. Ex ires Dec 24, 2013 ORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On Sept. 01, 2010 before me, Carol A. Wharry, Notar�r Pnhl;r , Date Here Insert Name and Title of the officer personally appeared John Justin Malloy Name(s) of Signer(s) CAROL A. WHARRY Commission # 1872176 Z Z Notary Public -California D Z Los Angeles County My Comm. Expires Dec 24,_2013J who proved to me on the basis of satisfactory evidence to be the person{&} -whose name(,$) isfare-subscribed to the within instrument and acknowledged to me that he/sheA4@y executed the same in his/herM-eir authorized capacity(•ies), and that by his/her/their signature(s) on the instrument the person(n7, or the entity upon behalf of which the persoRfs) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above �, ` /�� Signature of Notary Public �q �7 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: Information Required of Ridder Document Date: Sept. 01, 2010 Number of Pages: Twn Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: John Justin ❑ Individual Signer's Name: ❑ Individual XXX Corporate Officer — Title(s): Vice President ❑ Corporate Officer — Title(s): ❑ Partner .1 Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing L ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Cl Other: Signer Is Representing RIGHTTHUMBP.RINf OFSIGNER=" i<:�a:�s�s�s•..a:-= s:�s:-%s�s�<�s:_.'s�c�s:�c:�s:�a:-�s�s�a:-= a:�s�c�sysvc�s:-%sc:�sys:-;.�s�s�<Esc-%s:-%s:�a�s:�a�sc•-��.:�c: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 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 K Nv 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 fortes, 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. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3802 THIS CONTRACT entered into this day of 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and John T. Malloy, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS The work necessary for the completion of this contract consists of, but is not limited to, distributing notices to affected residents, traffic control, removing interfering portions and abandoning in place existing sewer facilities, constructing sewer main, sewer manholes, replacement and installation of sewer laterals; and other incidental items of work to complete the project, and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs & gutters, and landscaping on Balboa Island and other sites as needed throughout the City. All construction for the work shall reference these special provisions, the Standard Specifications and all contract related documents, and Appendices. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract. No. 3802, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, 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: 22 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. 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 Two Hundred Eighty -Six Thousand, Fifty and 001100 Dollars ($286,050.00). 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). 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 PO Box 1768 Newport Beach, CA 92658 Attention: Alfred Castanon (949)644 -3314 John T. Malloy, Inc. 3032 Bandini Boulevard Los Angeles, CA 90058 323 - 780 -9941 323 - 269 -2396 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 23 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: A/(,>$A-9 -"' Atn "_. 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; Have you ever had a contract terminated by the owner /agency? If so, explain. 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 labor- compliance (Le. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /(NO) Are any claims or actions unresolved or outstanding? Yes No 19 1. Coveraaa and Limit Requirements. 8. ' Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits 0f8t least one million dollars ($1.UO0,00O) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, C0kh8Ct8r shall require each SUbc0Atr8CtV| to similarly maintain Workers' Compensation |nSur8DC8 and Employer's Liability Insurance in accordance with the laws nfthe State Of California, Section 3700for all of the SUbC0Ot[aCk)r'e employees. The iU8Une| issuing the Workers' Compensation insurance shall amend its policy by endorsement t0 waive all rights nf subrogation against City, its elected Vrappointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of i0sUranoo, u copy of such waiver Of Sub[VOaii0V endorsement, b. , Contractor shall maintain commercial general liability insurance in an amount not less than one V)i[)iO8 dollars ($1,000,000) per occurrence, two |Vi||iOU do||8cS /$7.080.000\ General Aggregate and two F0iUiO8 dollars /$2.U88,O88\ Products and Completed Operations Aggregate for bodily injury, personal injury, and pn0p*Mn damage, including without |)m0|toti8n' blanket contractual liability. CUVenoga shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in C8Np}ia0Ce with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile LiabilAy. Contractor shall maintain aUt00A0bik) insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to he performed under this Contract, including coverage for any owned, hired, non-owned 0r rented vehicles, inan amount not less than one million dollars ($1,888,00O) combined single limit for each accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, C0n1G8otnr Gh@|| rn8|8tRin Builders Risk insurance or an innba||8Unn floater as directed by City, covering damages to the VV0d( for "all risk" or special f0Kn causes of loss with limits equal to one hundred percent (100%) of the completed value Of contract, with coverage to continue until final acceptance 0f the Work bY City. At the discretion nf City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured oU such policy, and Contractor shall provide the City with 8 copy ofthe 2. Other Insurance Provisions, o. Evidence of Insurance. Contractor shall provide certificates of insurance t0 City an evidence Of the insurance CVm}r$ge required herein, along with 8 waiver of subrogation endorsement for workers' compensation and 88 additional insured endorsement for general liabi|Ky, Insurance Certificates and endorsements noxSt he approved by City's Risk Manager prior to commencement Of performance 0r issuance 0f any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed doounooniS referenced in this contract must be returned within ten (18) working days after the date 0O the "Notification Vf 24 Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: City, its elected or appointed 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. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. 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. c. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class Vll (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self - insured Retentions. Contractor agrees not to self - insure or to use any self - insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If contractor's existing coverage includes a self - insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 1611 f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers„ agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors, h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 26 G. 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. 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. 1 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, 'Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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 27 be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: Leilani I. Brown iP�7 CITY CLERK Q � �; APPROVED AS TO FORM: Lq 0! Leonie Mulvihill y Assistant City Attorney ' 191� CITY OF NEWPORT BEACH A Municipal Corporation By:�- Keith D. Curry Mayor CONTRACTOR By: (Cor orate Officer) Title: • Print Name: -oft) QV6r,—J�- NAY4�1 By: (Financial Officer) Title: Print Name 6(fA)T A Aid y Please note: Corporations must complete and sign both places above Even if each office is held by the same individual. NoM CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 10/19/10 Dept. /Contact Received From: Shauna Oyler Date Completed: 10/20/10 Sent to: Shauna Oyler Kristin Walters Company /Person required to have certificate: John T. Malloy Incorporated I. GENERAL LIABILITY A. INSURANCE COMPANY: Scottsdale Insurance Compan B. AM BEST RATING (A-: VII or greater): "A + "(XV) C. ADMITTED Company (Must be California Admitted) Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON- CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Insurance Company of the State of PA B. AM BEST RATING (A -: VII or greater) °A "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: National Union Fire Insurance Co. of LA B. AM BEST RATING (A-: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? Z Yes E-] No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes 0 No IF NO WHICH ITEMS NEED TO BE COMPLETED? GL) Insurance Carrier is non-admitted Approved: Agent of Brown & Brown Broker of record for the City of Newport Beach 0 Requires approvallexceptiontwaiver by Risk Management X B&B initials Comments: GL} Insurance Carrier is non-admitted Risk Management Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT axo BALBOA ISLAND & OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 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. 3802 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization, Demobilization and Cleanup @44 0oliars and Cents Lump Sum 2. Lump Sum Traffic Control 6 -two 1{rw�rc[• AQ7 owwj Dollars and A0 Cents Lump Sum 3. 220 L.F. Remove Existing 8" Sewer and Replace with 8° VCP (Extra Strength) Sewer Pipe, Including Trenching, Bedding, Backfili, Resurfacing per CNB Std - 105 -L -A & B & Std -106 -L @oNt, ktootebede n;x..WDollars and Cents Per Linear Foot $ o oo, ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9 H I 7 15 L.F. Remove Existing 8" Sewer and Replace with 8" VCP (Extra Strength) Sewer Pipe, Including Trenching, Bedding, Backfill, Resurfacing per Detail "A" @t5Kck#ncG,J A,&Ji-Dollars I and 60 kj 0 _Cents $ D, $ Per Linear Foot 20 L.F. Remove Existing 8" Sewer and Replace with 8" VCP (Extra Strength) Sewer Pipe, Including Trenching, Bedding, Backfill, Resurfacing per Detail "B" @rwp Dollars and Cents Per Linear Foot 180 L.F. Furnish and Install New 8" VCP (Extra Strength) Sewer Pipe per Detail "A" and Cents Per Linear Foot $ -Lqa00 � $ ebb, 15 L.F. Remove Existing 8" Sewer and Replace with 8" VCP (Extra Strength) Sewer Pipe, Including Trenching, Bedding, Backfill, Resurfacing per Detail "F" . Dollars and Cents Per Linear Foot PR 3 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 12 EA. Remove Existing Manhole and Construct New 48" Diameter Manhole per CNB Std-401-L @Tip, yj_ hu,1kdDollars and 00 )1 0 Cents $ Per Each 9. 2 EA. Construct New 48" Diameter Manhole per CNB Std-401-L ITO HE 12 13 j&gysa44 Dollars and kjo—Cents Per Each $ --:�7000 -0a -n2- $ /0 00 0' 1 EA. Join Proposed Sewer Main to Existing Manhole, Remodel Base, Plug & Abandon Existing 6" VCP Sewer per Detail "C" I la rs and �t;p Cents Per Each $ 5-60 $ 5-00, 11 EA. Remove Existing Sewer Lateral and Furnish/Install New Sewer Lateral per CNB Std-406-1- hytcb-id Dollars and Pt r) Cents $ Per Each 1 EA. Plug and Abandon Existing 6" VCP Sewer per Detail "D" @ fi-oc- kandl'od Dollars and k14 —Cents Per Each 1 EA. Relocate Existing 3" SCE Conduit $ -A 7�60' @ Dollars and — 29— Cents $ 601— $ 451001 Per Each I PR4 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 2,500 S.F. Remove Existing 8" PCC Pavement Base/Subbase & Construct 8" PCC Pavement per CNB Std-1 40-L & Std-108-L @–Retp.n_ —Dollars and no Cents Per Square Foot 15. 170 S.F. Remove Existing and Construct PCC Alley Approach Per CNB Std-142-L, Type A s Cc @ Dollars and r10 Cents $ 4 Per Square Foot 16. 150 S.F. Remove Existing and Replace Land scapell-lardscape Improvements in Kind @ Dollars and 00, Cents $ .2 5-6 , 00 Per Square Foot 17. 150 S.F. Remove Existing and Construct 4" Thick PCC Sidewalk per CNB Std-180-1- @ Dollars and Cents $ -4,57b, Per Square Foot 18. 530 S.F. Remove Existing and Construct 8" PCC Cross Gutter per CNB Std-1 82-L & Std-1 08-L @ Dollars and ___YjjC_Cents Per Square Foot An owe ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTW-L- AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 19. 60 L.F. Remove Existing and Construct Type B PCC Curb per CNB Std-182-L & Std-108-L 7Z -zz,'44 9'V,_ Dollars and 00- i1 a Cents _3� $ /00-22- Per Linear Foot 20. 3,200 S.F. Grind 2" AC and Place 2" AC Final Paving Cap —Dollars and Co- k7o Cents $ 57—' $ 16, cap, Per Square Foot 21, 150 S.F. Trench Width Resurfacing w14" AC Hot Mix �Jts_A —Dollars and flD_Cents Per Square Foot 22. Lump Sum Trench Safety Measures 54t,t�_Dollars and —..---_-,kV2__Cents $ Lump Sum 21 Lump Sum Trench Dewatering Dollars and Da Lump LumpSum 24, Lump Sum Striping arid Pavement Markings Dollars and 00 t1a Cents $ Lump Sum ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT [•• TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 25. Lump Sum Final Redline As-Built Plans i t�.,v � Dollars and Cents $ Lump Sum TOTAL PRICE IN WRITTEN WORDS and kx- o Cents ocibiho Date (�`BiRddlcl-t's �TelephAneand �FaxNum�oers 3_57 0,19-7 - A Bidder's License No(s)- and Classification(s) lars $ Total Price (Figures) J 6-- 7T Bidder Bid6er's Authorized SLAfl9fure and Title Bidder's Address PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 inspection Requirements 4 -1.3,4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK i 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 El 0 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-72 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 7-8,6.1 Best Management Practices and Monitoring Program 6 7-8.8 Sewer Flow Bypass System 7 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10A Traffic and Access 7 7-10.2 Storage of Equipment and Materials in Public Streets 8 7-10,3 Street Closures, Detours, Barricades 8 7-10A Public Safety 9 7-10.4.1 Safety Orders 9 7-10.5 "No Parking' Signs 9 7-10.6 Street Sweeping Signs 10 7-10.7 Notice to Residents and Temp Parking Permits 10 7-15 CONTRACTOR LICENSES 10 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment 15 SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 15 201-1 PORTLAND CEMENT CONCRETE 15 2011,1.2 Concrete Specified by Class 15 201 -2 REINFORCEMENT FOR CONCRETE 16 201 -2.2.1 Reinforcing Steel 16 201 -7 NON - MASONRY GROUT 16 201 -7.2 Quick Setting Grout 16 207 PIPE 16 207 -8 VITRIFIED CLAY PIPE 16 207 -8.1 General 16 214 PAVEMENT MARKERS 16 214.4 NON - REFLECTIVE PAVEMENT MARKERS 16 214 -5 REFLECTIVE PAVEMENT MARKERS 16 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 16 300 -1 CLEARING AND GRUBBING 16 300 -1.3 Removal and Disposal of Materials 16 300 -1.31 General 17 300 -1.3.2 Requirements 17 300 -1.5 Solid Waste Diversion 17 SECTION 302 ROADWAY SURFACING 17 302 -5 ASPHALT CONCRETE PAVEMENT 17 302 -5.1 General 17 302 -5.4 Tack Coat 17 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302 -6.6 Curing 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 18 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 18 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303 -5,1 Requirements 18 303 -5.1.1 General 18 303 -5.4 Joints 18 303 -5.4.1 General 18 303 -5.5 Finishing 18 303 -5.5.1 General 18 303 -5.5.2 Curb 18 303 -5.5.4 Gutter 19 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 19 308 -1 GENERAL 19 SECTION 310 PAINTING 19 310 -5 PAINTING VARIOUS SURFACES 19 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 19 310 -5.6.7 Layout, Alignment and Spotting 19 310 -5.6.8 Application of Paint 19 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 20 312-1 PLACEMENT 20 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 20 400 -2 UNTREATED BASE MATERIALS 20 400 -2.1 General 20 400 -2.1.1 Requirements 20 f:'.user;,pbxc'hoI W contract> fy10 -11 baIbon island and other city sewer main point repairs c- 38021spocS lodey c3W2.doc SPECIAL PROVISIONS _.; BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS CONTRACT NO. 3802 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. S- 5239 -S); (3) the City's (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 9 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, but is not limited to, distributing notices to affected residents, traffic control, removing interfering portions and abandoning in place existing sewer facilities, constructing sewer main, sewer manholes, replacement and installation of sewer laterals; and other incidental items of work to complete the project, and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs & gutters, and landscaping on Balboa Island and other sites as needed throughout the City. All construction for the work shall reference these special provisions, the Standard Specifications and all contract related documents, and Appendices." 2 -9 SURVEYING 2 -9.2 Survey Services. Add to this section: "The Contractor shall be responsible for the survey controls and construction survey staking services that are necessary to SP2OF20 construct the improvements. At a minimum, two (2) sets of layout staking at 50' intervals as well as all angle points, pipe junctions, and other pipe appurtenances, and copies of each set shall be provided to City 48 -hours in advance of any work. All final layout of pipelines and appurtenances, including surface improvement removallreplacement limits, and field layout adjustments of pipelines (See also SECTION 5 - -- UTILITIES) due to conflict avoidance, shall be approved in advance by the Engineer (prior to commencing saw -cut and trenching operations) and documented by the Contractor on the field "As- Built" drawings. 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits; 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SP 3 OF 24 SECTION 4--- CONTROL OF MATERIALS 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -1 LOCATION. Add the following: "The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work, and to verify points of connection and potential conflicts. No segment of work for new pipeline shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final layout of the new pipeline with the City representative, including adjustments due to field conflicts with other utilities or structures above or below ground." Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments that are affected by the proposed work. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3432. SP4OF20 SECTION 6 - -- PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed " has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the 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 120 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Years Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31S1 (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St, July 4th November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. SP 5 OF 20 The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m.. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 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. • i 1 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 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 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. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www .newportbeacca.gov/publioworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 7 -8.6.1 Best Management Practices and Monitoring Program, The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the i Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -8.8 Sewer Flow Bypass System. The Contractor shall bypass all sewage flows during sewer related construction operations, as required. The bypass shall be made by diverting the effluent flow at an upstream access manhole and pumping it through a separate conduit to a downstream reentry point or to an adjacent Sewer system. The effluent level in the bypass pumping manhole shall not be allowed to rise more than 1 foot above the crown of the incoming sewer pipe. The Contractor shall at all times be responsible for the operation of this bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. Primary bypass system and backup bypass system shall be designed to handle 120% of the peak flow as specified by the City. Both systems shall be connected together for immediate switch over. A trained operator shall be stationed at the pumps on a continuous basis. Plans for bypassing shall be submitted by the Contractor to the City for approval prior to related construction activity, allowing at least 10 Working Days for review and return of comments. Approval by the City does not in anyway relieve the Contractor of its responsibilities provided for in this section or of any public liability for sewage spills under this Contract. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Replace the first sentence of the second paragraph with, "The Contractor shall repair, restore, or reconstruct all existing public and private improvements disturbed or damaged by the work which are not designated for removal. Such restoration work may include, but not be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, brick and brick pavers, concrete, painting of various surfaces, ornaments, other decorative items, property corner survey markings, etc." Add to the section, "The Contractor is advised to keep records of the existing work site conditions prior to the start of any construction work." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area, The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be refiectorized 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 Keith Hinckley, at (949) 718 -3466 and all affected property owners. 5. The contractor shall maintain access to homes and garages at all times. 6. The contractor shall accommodate the City's street sweeping. Either provide access for street sweepers or the Contractor shall be responsible for keeping the streets clean. 7. All work on 14TH Street and adjacent to Newport Elementary will be done during the school's winter, ski or Easter break. Alley or street closure while school is in session is strictly prohibited. 61MOM 8. Normal working hours on Balboa Boulevard are limited to 8:30 a.m. to 4:30 p.m. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. 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." The Contractor shall submit to the City for acceptance, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made or worker protection from the hazard of caving ground during the excavations of any trench or trenches 5 -feet or more in depth. The plan shall be prepared by a registered civil or structural engineer licensed in the State of California. As part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with CAL -OSHA Construction Safety Orders, or that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Order. The detailed plan showing the design of shoring, etc. which the Contractor is required to submit to the City for acceptance in advance of excavation will not be accepted by the City if the plan is based on subsurface conditions which are more favorable than those revealed by the investigations made by the City or the Engineer or their consultants; nor will the plan be accepted if it is based on soils - related design criteria which is less restrictive than the criteria set forth in the report on the aforesaid investigations of subsurface conditions. The detailed plan showing the design of shoring, etc. shall include surcharge loads for nearby embankments and structures, for spoil banks, and for construction equipment and other construction loading. The plan shall indicate for all trench conditions the minimum horizontal distances from the side of the trench to its top to the near side of the surcharge loads. Nothing contained in this section shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting "NO- PARKING -TOW AWAY" signs, the Contractor shall cover the street sweeping signs, on those streets scheduled for work in a manner approved by the City. Immediately after construction is complete and the street is opened to traffic, the Contractor shall promptly uncover the street sweeping signs and remove the "NO- PARKING -TOW AWAY" signs. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Contractors 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 reviewed by the Engineer at the time each progress bill is submitted. SP 11 OF 20 The "As-Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization. Demobilization and Cleanup: Work under this item shall include all mobilization and demobilization, preparation, survey controls, staking, pipeline layout, surface removal/replacement limits verification, coordination with the Engineer and scheduling of materials, labor and equipment as necessary to complete the work under this contract. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Remove Existing 8° Sewer & Replace with New 8" VCP (XS) Pipe Per CNB STD - 145 -L -A & B & Std - 106 -L: Work under this item shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, existing pipe removals, temporary patching or plating, bypassing of sewer flow as required, protection of existing sewer to remain, coupling installations, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, compaction and final SP 12 OF 20 trench re- surfacing and all other related final surface improvements, pre- and post - installation CCTV inspection, and all other work necessary to construct the sewer main complete and in place. Item No. 4 Remove Existing 8" Sewer & Replace with New 8" VCP (XS) Pipe as Per Typical Detail "A ": Work under this item shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, existing pipe removals, temporary patching or plating, bypassing of sewer flow as required, protection of existing sewer to remain, coupling installations, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, compaction and final trench re- surfacing and all other related final surface improvements, pre- and post - installation CCTV inspection, and all other work necessary to construct the sewer main complete and in place. Item No. 5 Remove Existing 8" Sewer & Replace with New 8" VCP (XS) Pipe as Per Typical Detail "B ": Work under this item shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, existing pipe removals, temporary patching or plating, bypassing of sewer flow as required, protection of existing sewer to remain, coupling installations, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, compaction and final trench re- surfacing and all other related final surface improvements, pre- and post- installation CCTV inspection, and all other work necessary to construct the sewer main complete and in place. Item No. 6 Furnish & Install New 8" VCP (XS) Sewer Pipe Per Detail "A ": Work under this item shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, existing pipe removals, temporary patching or plating, bypassing of sewer flow as required, protection of existing sewer to remain, coupling installations, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, compaction and final trench re- surfacing and all other related final surface improvements, pre- and post - installation CCTV inspection, and all other work necessary to construct the sewer main complete and in place. Item No.7 Remove Existing 8" Sewer & Replace with New 8" VCP (XS) Pipe as Per Typical Detail "F ": Work under this item shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, existing pipe removals, temporary patching or plating, bypassing of sewer flow as required, protection of existing sewer to remain, coupling installations, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, compaction and final trench re- surfacing and all other related final surface improvements, pre- and post - installation CCTV inspection, and all other work necessary to construct the sewer main complete and in place. Item No. 8 Remove Existing MH & Construct New 48" Dia. MH Per CNB Std - 401 -L. Work under this item shall include removal and disposal of existing manhole structures, s furnishing and installing all materials, sawcutting, removing and disposing of existing surface improvements, exposing existing utilities in advance of work, temporary bypassing of existing sewer main and sewer laterals, excavation, temporary patching or plating, protection of existing sewer to remain, control of ground and /or surface water, disposal of excess excavated materials, constructing new manholes and appurtenances, backfilling and compaction, furnishing and installing all materials, final trench re- surfacing and all other related final surface improvements, all required material testing, pre -and post - installation CCTV inspection, and all other work necessary to install the manhole complete in place. Item No. 9 Construct New 48" Dia. MH Per CNB Std-401-L: Work under this item shall include furnishing and installing all materials, sawcutting, removing and disposing of existing surface improvements, exposing existing utilities in advance of work, temporary bypassing of existing sewer main and sewer laterals, excavation, temporary patching or plating, protection of existing sewer to remain, control of ground and /or surface water, disposal of excess excavated materials, constructing new manholes and appurtenances, backfilling and compaction, furnishing and installing all materials, final trench re- surfacing and all other related final surface improvements, all required material testing, pre -and post - installation CCTV inspection, and all other work necessary to install the manhole complete in place. Item No. 10 Join Proposed Sewer Main to Existing MH, Remodel Base Plug & Abandon Existing 6" VCP Sewer Per Detail "C: Work under this item shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, existing pipe removals, temporary patching or plating, bypassing of sewer flow as required, protection of existing sewer to remain, coupling installations, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, compaction and final trench re- surfacing and all other related final surface improvements, pre- and post - installation CCTV inspection, and all other work necessary to plug and abandon existing sewer, remodeling manhole base and joining new sewer main to existing manhole complete and in place. Per City Std - 406 -L: Work under this item shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, temporary patching or plating, bypassing of sewer flow as required, connection to existing sewer lateral and making adjustments to the lateral on the private side of the property line, control of ground or surface water, backfill, compaction, final trench re- surfacing and all other related final surface improvements, pre- and post - installation CCTV inspection, disposal of excess excavated materials, and all other work necessary to construct the sewer lateral complete and in place. Item No. 12 Plug and Abandon Existing 6" VCP Sewer Per Detail "D ": Work under this item shall include, but not be limited to, potholing of existing utilities, MWERM sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, existing pipe removals, temporary patching or plating, bypassing of sewer flow as required, protection of existing sewer to remain, coupling installations, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, compaction and final trench re- surfacing and all other related final surface improvements, pre- and post - installation CCTV inspection, and all other work necessary to plug and abandon existing sewer complete and in place. Item No, 13 Relocate Existing 3" SCE Conduit: Work under this item shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, temporary patching or plating, control of ground or surface water, backfill, compaction, final trench re- surfacing and all other related final surface improvements, disposal of excess excavated materials, and all other work necessary to relocate the existing SCE conduit complete and in place. Item No. 14 Remove Existing 8" PCC Pavement Base /Subbase & Construct 8" PCC Pavement Per CNB Std -140 -L & Std- 108 -L: Work under this item shall include removing existing P.C.C. alley or street, base and subbase, sawcutting, disposing of excess material, grading, compaction, constructing the alley or street with 8 -inch thick P.C.C., joint filler, and all other work necessary to construct the alley or street pavement complete and in place. Item No. 15 Remove Existing & Construct PCC Alley Approach Per CNB Std -142- L, Type A: Work under this item shall include removing existing P.C.C. alley approach, base and subbase, sawcutting, disposing of excess material, grading, compaction and constructing P.C.C. alley approach and all other work items as required to complete the work in place. Item No. 16 Remove Existing & Replace Landscape /Hardscape Improvements In Kind: Work under this item shall include removing existing improvements, base and subbase, sawcutting, disposing of excess material, grading, compaction and constructing new improvements and all other work items as required to complete the work in place. Item No. 17 Remove Existing and Construct 4" Thick PCC Sidewalk Per CNB Std - 180 -L: Work under this item shall include sawcutting, removing and disposing of the existing sidewalk, base and subbase, grading, compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 18 Remove Existing and Construct 8" PCC Cross Gutter Per CNB Std - 185 -L: Work under this item shall include sawcutting, removing existing improvements, base and subbase, disposing of excess material, grading, compaction and constructing new improvements and all other work items as required to complete the work in place. SP 15 OF 20 Item No. 19 Remove Existing and Construct Tvoe B PCC Curb Per CNB Std -182- L & Std- 108 -L: Work under this item shall include sawcutting, removing existing improvements, base and subbase, disposing of excess material, grading, compaction and constructing new improvements and all other work items as required to complete the work in place. Item No. 20 Grind 2" AC & Place 2" AC Final Paving Cap: Work under this item shall include grinding existing AC pavement to a depth of 2- inches, placing a 2 -inch final paving cap and all other work items as required to complete the work in place. Work under this item shall include constructing 4" AC hot mix (trench width only) and all other work items as required to complete the work in place. Item No. 22 Trench 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 and implementation of the required shoring and bracing to complete the work in place. Item No. 23 Trench Dewatering: Work under this item shall include all material, labor and equipment for providing dewatering of groundwater from trenches associated with trenching and installation of new pipelines and appurtenances, including permitting by City and other regulatory agencies, and discharge and disposal of groundwater according to all permit requirements. Item No. 24 Striping and Pavement Markings: Work under this item shall include removing and installing traffic striping, markings and markers and all other work items as required to complete the work in place. Item No. 25 Final Redline As -Built Plans: Work under this item shall include providing one set of redlined prints reflecting any changes made during construction. Redline Plans shall be kept clean, fully legible, up to date, and provided to the Engineer prior to request for payment for said work. 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 SP 16 OF 20 201 -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 -7 NON - MASONRY GROUT 201 -7.2 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 i .�:.z 207 -8.1 General. Add to this Section: "Vitrified clay pipe shall be extra strength." 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: "Ali new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www/ newportbeachca .gov /generaIservices and clicking on refuse, then selecting the link Franchised Haulers List." • W 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 5 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "I2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302.5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -132 -AR -4000. All cracks 'I -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1 -' /2 inches of asphalt shall be placed in a separate lift. Holes, spalis, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1110) 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.G.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5,1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the 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., R.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402.° 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 - --LANDSCAPE AND IRRIGATION INSTALLATION 308.1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. SP 20 OF 20 Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW - AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripelreplace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." SECTION 400 - -- ALTERNATE ROCK PRODUCTS ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." F:\ Users \PBW\SharediContracts \FYio -11 \Balboa Island and Other City Sewer Main Point Repairs C -3802 \SPECS C- 3802.doc ACERTIR.-ATE OF PRODUCER (818) 598-8900 FAX: (818) 598-8910 Venbrook Ins. Services, CA Lic OD80832 6320 Canoga Avenue 12th Floor Woodland Hills CA 91367 INSURED John T. Malloy Incorporated 3032 Bandini Boulevard Los Angeles CA 90023 rtnvppArZPA LIABILITY INSL,<ANCE ioi4/2o o) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Scottsdale Insurance Company 41297 A+ XV INSURERB:Ins Company of State of PA 19429 A XV INSURER C: St. Paul Surplus Lines Ins Co 30481 A+ XV INSURER D: Nat r 1 Union Fire Iris CO of LA 32298 A XV INSURER E: 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. INSR LTR DD'L N RD TYPEINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE (MMIDD1YYYYj LIMITS LIABILITY EACH OCCURRENCE $ 1,000,000 A FGENERAL COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR CS0023105 10/1/2010 4/1/2012 DAMAGE TO RENTEDEa occurrencePREMISES $ 100 000 MEDEXP(Anyoneperson) $ Excluded BFPD/XCU PERSONAL & ADV INJURY $ 1,000,000 X Contractual GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,000 POLICYFX jE LOC AUTOMOBILE X LIABILITY ANY AUTO (Ea accident,INGLELIMIT $ 1,000,000 B ALL OWNED AUTOS SCHEDULED AUTOS CA8263543 4/1/2010 4/1/2011 BODILY INJURY (Per person) $ X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGELIABILITY ANY AUTO �' / /Vl XOTHER AUTO ONLY - EA ACCIDENT $ THAN EA ACC $ AUTO ONLY: qGG $ EXCESS/ X UMBRELLA LIABILITY OCCUR Ll CLAIMS MADE EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ C DEDUCTIBLE QZ04525035 10/1/2010 4/1/2012 $ I] RETENTION $ D WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El STATU- OTH- X TORY LIMIT I ER E.L. EACH -ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under KC20634983 4/1/2010 4/1/2011 E.L. DISEASE - POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Balboa Island and Other City Sewer Main Point Repairs - Contract No. 3802. Certificate holder and its elected or appointed officers, agents, officials, employees and volunteers are named as additional insured for general liability regarding the named insureds operations for or on behalf of the certificate holder. Primary and Non -Contributory. waiver of Subrogation applies to Workers' Compensation. *10 Day Notice of Cancellation for Non -Payment of Premium. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL )AXIMX(MAIL 30 DAYS WRITTEN City of Newport Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works Department% Shauna Lyn Oyler Public Works Specialist AUTHORIZED REPR NTATIVE 3300 Newport Beach Blvd. Newport Beach, CA 92663 ACORD 26 (2009/01) ©1 88-2009 ACORD CORPORATION. All rights reserved. INS026 (200901).01 The ACORD name and logo are registered marks of ACORD CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 September 28, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon, Associate Civil Engineer 949-644 -3314 or acastanon@newportbeachca.gov SUBJECT: BALBOA ISLAND AND OTH /TY SEWER MAIN POINT REPAIRS — AWARD OF CONTRACT N 3802 ISSUE Staff requests City Council approval to award the Balboa Island and Other City Sewer Main Point Repair Project to John T. Malloy, Inc. RECOMMENDATIONS 1. Approve the project drawings and specifications. 2. Accept Westcoast Public Work's request to withdraw their bid. Award Contract No. 3802 to the 2nd Low Bidder, John T. Malloy, Inc., for the Total Bid Price of $286,050, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $43,000 (15 %) to cover the cost of unforeseen work. 5. Additional contract costs of approximately $14,450 in consulting geotechnical services is estimated for this project and will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering, Inc. DISCUSSION At 10:00 A.M. on September 2, 2010, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $249,690.00 $286,050.00 $308,400.00 $311,419.81 $319,263.00 $377,140.00 $412,396.00 $559,905.00 BIDDER Low Westcoast Public Work, Inc. 2 John T. Malloy, Inc. 3 M & E Construction 4 TTS Engineering, Inc. 5 Nikola Corporation 6 GCI Construction, Inc. 7 Mike Pdich & Sons, Inc. 8 Paulus Engineering, Inc. TOTAL BID AMOUNT $249,690.00 $286,050.00 $308,400.00 $311,419.81 $319,263.00 $377,140.00 $412,396.00 $559,905.00 Balboa Island and Other City Sewer Main Point Repairs — Award of Contract No. 3802 September 28, 2010 Page 2 Upon Staffs review of the Low Bid, Westcoast Public Works, Inc., it became apparent that the contractor made a major error in the dewatering bid item. After discussions with the Contractor it was confirmed that an error was made in that only $1,000 was listed as his cost for the dewatering bid item. A majority of this project work is on Balboa Island and Balboa Peninsula where an extensive dewatering system will be required to complete the work. The Contractor admitted that he does not own the appropriate dewatering system nor did he list a sub - contractor to perform the work. The Contractor has since submitted a letter withdrawing his bid citing the error in the dewatering bid item. Staff would also note that the Low Bid contractor listed no sewer experience in the required Technically Ability and Experience References required in the bid documents. Further, the Contractor listed experience from a previous company and not work completed by Westcoast Public Works. Staff would recommend accepting this contractors request to withdraw their bid because of the contractor's inexperience working in a marine area with major dewatering requirements. The second tow bidder, John T. Malloy, Inc., provided all necessary forms. A check of the contractor's references indicated that they have satisfactorily completed similar projects for the City of Newport Beach and for other public agencies. The low total bid amount is 12 percent below the Engineer's Estimate of $323,785.00. The low bidder, John T. Malloy, Inc., possesses a California State Contractors License Classification "A° as required by the project specifications. The work necessary to complete this contract consists of removing and replacing deteriorated sewer mains, manholes and service laterals and restoring affected surface improvements within Balboa Island, Balboa Peninsula and West Newport. Past projects in these communities have encountered shallow water tables that are affected by the tide. Contract unit prices were established to control the cost to dewater trenches. Although effort was made to anticipate problems with the point repair project, staff recommends a fifteen percent (15 %) contingency to be included in the contract award to cover the cost of unforeseen items that may arise within these communities, particularly due to the nature of this underground work. Pursuant to the Contract Specifications, the Contractor will have 120 consecutive working days to complete the work. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Balboa Island and Other City Sewer Main Point Repairs — Award of Contract No. 3802 September 28, 2010 Page 3 FUNDING AVAILABILITY There are sufficient funds in the following account for the project: Account Description Balboa Island Sewer Main Improvements Proposed uses are as follows: Vendor John T. Malloy, Inc. John T. Malloy, Inc. Harrington Geotechnical Various Prepared by: 406'd� Alf ed Castanon Associate Civil Engineer Attachments: Project Location Map Account Number 7531- C7002003 Total Purpose Construction Contract Construction Contingency Geotechnical Services Printing and Incidentals Total Submitted by: Amount $ 344,500.00 $ 344,500.00 Amount $ 286,050.00 $ 43,000.00 $ 14,450.00 $ 1,000.00 $ 344,500.00 wei =...... s...... � _ + oaro�..... .:mea� =. +.� TT Q z W w ry H Q 0 w cv z O —an,e 00 C CO � � s H�y�, zil 'f c p.Cli i L y o O 4'sY t 1 r T Ij t n CL Aso z v a Q w � w' z Z Z W W Q LL 4 Q ® > dl p W Y co a Z p N Q F Y p y N Y ¢ F I !D Q /�� K1 c- ooDaooc�