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C-5284 - Back Bay Drive Storm Drain System Rehabilitation Project
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC April 28, 2016 Burtech Pipeline, Inc. Attn: Dominic J. Burtech 102 Second Street Encinitas, CA 92024 Subject: Back Bay Drive Storm Drain Rehabilitation Project — C-5284 Dear Mr. Burtech: On April 28, 2015, 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 65 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 May 6, 2015 Reference No. 2015000233650. The Surety for the contract is North American Specialty Insurance Company and the bond number is 2190761. Enclosed is the Faithful Performance Bond. Sincerely, bnw-)N� 44 Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov PROJECT: BACK BAY DRIVE STORM DRAIN REHABILITATION EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 2190761 FAITHFUL PERFORMANCE BOND EXECUTED IN DUPLICATE BOND NO. 2190761 PREMIUM: $4,052.00 PREIUM IF FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE The premium charges on this Bond is $ 4,052.00 , being at the rate of $ 9.50 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Burtech Pipeline, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consisting of inspection including, but not limited to CCN recording of storm drain lines; installing cured -in-place lining within existing storm drains; repairing pipe sections; installing manhole access to a junction structure; pruning and removing debris, plants and trees; replacing a storm drain trash rack; and constructing all other incidental items of work as described in the contract documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY 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 Four Hundred Twenty Six Thousand Five Hundred Eighteen Dollars ($426,518.00) 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. Burtech Pipeline, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event 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 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 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 20TH day of OCTOBER 20 14 BURTECH PIPELINE, INCORPORATED Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 Address of Surety 714/550-7799 Telephone BY: i 4uthoriz d S DOMINIC J. BUF BY: f "( Authorized A9ni Signature MARK D. IATAROLA Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Burtech Pipeline, Inc. Page B-2 ACKNOWLEDGMENT State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of }ss. (seal) On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Burtech Pipeline, Inc. (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On 10/20/2014 before me, GLENDA J ROONEY NOTARY PUBLIC Date Here Insert Name and Title of 14 Officer personally appeared MARK D.IATAROLA _ Name(s) of Signers) ------------------------- OFFICIAL SEAL GLENDA J.ROONEY NOTARY BLIC-CALIFORNIA, COMM NO. 2012 2ng SAN DIEGO COUNTY OMY COMM. EXP. MAR. 18, 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/sheAlieq executed the same in his/hedtheir authorized capacity(ase), and that by his/heNN3e r signature(&) on the instrument the personal, 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. D Signature cis h renes 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner --- ❑ Limited ❑ General V Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner —❑ Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: m) 2007 National Notary Association • 9350 N Soto Ava., PO. Sex 24M • Chat.0h. CA 91313-2402- ..Ivafl.m.INmaryorg Item %5907 Reorder Call Toll Free 1-0048766827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, MICHELLE M. BASUIL, GLENDA J. ROONEY, and MARK D. IATAROLA JOINTLY OR Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by Inv, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insumnce Company and Washington Intemational Insumnce Company at meetings duly called and held on the 9"' of May, 2012: 'RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein die seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed w any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." Q'"ififla is G .POA1j.e�W:"a,n `P/ig By. .l;.�p ...� =t SEAL iio� sees:n P. nnaer.an, sninry Prexidenl of WUMngfan lnlemallonal lnsurnnec Compao} Ig. SEAL F'4 19rj ' mg & Senior Vke Nr odenrot Ranh Amerimn SPMnfly lnxuranm CompanY YP0 yiynbGNe �r\\\\ L����/ {�.��� '•. ND n�reammmo y/� ...._...... By D.Ad M. LaY�nan, Vke Pretldml of w'ashinglon In[emnfiooal lvsumnce CamPnny &Vice P,e dmtof Norlh Amerkun Sjl,sodty Insumnce CamPuny IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 9tb day of May , 20 14 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 9th day of___ May . 20 14 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL"m�y:r�,r2 d{/� DONNA D. SKLENS Notary Public, Stare of Illinois Dolma D. Sklens, Notary Public My Commission $r fres lo/mal I, Jeffrey Goldbere .the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a tire and correct copy of a Power of Attomey given by said North American Specialty Insurance Company and Washington fi temmional InsuranceCompany, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seal; of the Companies this 20th day of OCTOBER , 20 14 . fr Jersey Goldb g.vice PresidessfRAwislme Secretary of Washin�on Wemafia�al fosmxnre Company & Nafi Axnericnn SpecuM1y lns,rnxe Conspmy CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C rnia County On before me,Artbiw P Argo3Ua, Notary Public Oale Here serf Name aml Tine al the 011lcer personally appeared f ✓! L� Namels) or Sigmtsl ARTHUR P. ARQUILLA wCPmmIMM No. 2051358 0 'E — NOTARY PUBLIC CALIFORNIA ra F SAN DIEGO COUNTY } 0Commission Expires January 7, 2018 Place Nolary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(srore subscribed to the within instrument and acknow edged to me that he/ he/they executed the same it hi�7 er/their authorized capacity(ies), and that bi er/their signature(s) on the instrument the persons , 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 Signature OPTIONAL Though the information below is not required bylaw, it may prove valuable to per and could prevent fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: -Individual Corporate Officer—Title(s): — Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: TOP OI Thumb here Fng on the document document. Number of Pages: Signer's Name: C Individual Ll Corporate Officer —Title(s): _ E Partner Limited - General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing:– Top of Thumb here 02007 Nabomil Nolary Associalion•9350 De Solo Ave.. PO Bos 2402'Ch1l1waph.CA 91313-2:02•wu.NalionalNolaryorg nems5907 yFleodea Call Toll Free L800-8%6.6821 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC August 26, 2015 Burtech Pipeline, Inc. Attn: Dominic J. Burtech 102 Second Street Encinitas, CA 92024 Subject: Back Bay Drive Storm Drain Rehabilitation Project C-5284 Dear Mr. Burtech: On April 28, 2015 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 65 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 May 6, 2015, Reference No. 2015000233650. The Surety for the bond is North American Specialty Insurance Company and the bond number is 2190761. Enclosed is the Labor & Materials Payment Bond. Sincerely, M fw"-� ell ni I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov PROJECT: BACK BAY DRIVE STORM DRAIN REHABILITATION EXHIBIT A CITY OF NEWPORT BEACH BOND No. 2190761 EXECUTED IN DUPLICATE BOND NO. 2190761 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Burtech Pipeline, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consisting of inspection including, but not limited to CCTV recording of storm drain lines; installing cured -in-place lining within existing storm drains; repairing pipe sections; installing manhole access to a junction structure; pruning and removing debris, plants and trees; replacing a storm drain trash rack; and constructing all other incidental items of work as described in the contract documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Twenty Six Thousand Five Hundred Eighteen Dollars ($426,518.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any otherwork or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Burtech Pipeline, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 20TH day of OCTOBER 20 14 BURTECH PIPELINE, INCORPORATED Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 Address of Surety 714/550-7799 Telephone BY: DOMINIC J. BUftTRCH^,, PRESIDENT BY: Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Burtech Pipeline, Inc. Page A-2 ACKNOWLEDGMENT State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herttheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT State of California Country of ) ss. On 20_ before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) an 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 (seal) Burtech Pipeline, Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On 10/20/2014 before me, GLENDA_ J. ROONEY NOTARY PUBLIC Dale - Here Insert Name and Title of the Officer personally appeared _MARK D. IATAROLA Narrate) of Signers) OFFICIAL SEAL • GLENDA J. ROONEY NOTARY PUBLIC-CJILIFORNIAf ' COMM. NO. 2012529 SAN DIEGO COUNTY MY COMM. EXP. MAR. 16, 2017 ww rwwwwww� Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the personH whose name( is/are subscribed to the within instrument and acknowledged to me that he/sheHlleq executed the same in his/kerArielr authorized capacity(e€), and that by his/Igo A 3eir signatures) on the instrument the personH, or the entity upon behalf of which the person(e) 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 1 �O& _! e,(e Orman ilii 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Individual ❑ Corporate Officer -- ❑ Partner --- ❑ Limited ❑ General t`V1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Individual ❑ Corporate officer —Title(s)_ ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: e) 2007 National Notary Association • 9350 Ce Soto Ave.. P.O. Bax 2402 • Chatsworth. CA 91318-2402 • w NatienalNotaryorg Item 95907 nacrdec Call Toll -Free 1-80P818-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, TEIAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing wider the laws of the State of New Hampshire and having its principal office in the City of Schawnburg, Illinois, each does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, MICHELLE M. BASUIL, GLENDA J. ROONEY. and MARK D. IATAROLA JOINTLY OR SEVERALLY Its true and lawful Arlomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act find deed, bonds or other writings obligatory in the nature of it bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or wndertaking or contract or suretyship executed under this authority shall exceed the annount of. _ FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is emitted and is sighed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company old Washington International Insurance Company at meetings duty called and held on the 9" of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached" 0,411 in rr \PP �GIptrTPr 2 VP a�TRG By.=,Gp(tFp%eYG , , oao,a �,� =STI SEAL .5 Steven P.Amoram,SeniorViaProvident of lashinxtonloternalinnaltraumaticCompany rr SEAL 19i3 R%� 'a &senior Vice President of North Amerkaa Specially lmorance Company 0.iM &0h, BY navitl 3l. IaTmnn, Vice Prevdwlo(WasWe�ton ]eternatioeaI tnmronce Comoypo 1eu A Vier Pretiideet of North Am<ncan Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seats to be hereunto affixed, and these presents to be signed by their authorized officers this 9th _day of May _ , 20 14. North American Specialh Insurance Company Washington International Insurance Company Stare of Illinois County of Cook ss' On thin _9th day of May , 20 14 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty ]nsmance Company and David M Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said insnwnent to be the voluntary act and deed of their respective companies. r� "OFFICiALSEAL" DONNA D, SKLENS Notary Public. State of Illinois Donna D. Sklens, Notary Public My Commission Expires 10106,2015 I, Jeffrey Goldberg . the duty elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and WashingtonTnternational Ins'arance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 20th day of OCTOBER .20 14 . Jeffrey Goldm RViee Nxaitlmt k Assiilnn15ecmtary of Wmhrag'o Imnw+ional romance ('mupany.0 North American spurnl, broomee Company l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Z -,ter State of Califpmia County of( -4,'-/6e A On d zI; 14- D ap personally appeared — before me, Arthur P. IARTHUR P. ARQUILLA Commission No. 2051356 PV. NOTARY PUBLIC -CALIFORNIA t_0SAN DIEGO COUNTY commission Expires January 7, 2018 Place NOlwy Seal Atove Public who proved to me on the basis of isfactory evidence to be the persons) whose name( is! re subscribed to the -1hin instrument and ackno—I ged to me that �he�/ a/they executed the s e i hi "her/their authorized �'apacity(ies), and that byt�/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 Signature OPTIONAL Though the information below is not required bylaw, it may prove valuable to per and could prevent fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: • Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) relying 0 the document Number of Pages: Signer's Name: Signer's Name: _i Individual F- Individual - _, Corporate Officer—Title(s): E: Corporate Officer—Title(s): Partner —_ Limited — General _ Partner —�_ Limited _ General Attorney in Fact -159 Attorney in Fact -' Trustee Top of thumb nve _ Trustee Top of thumb here Guardian or Conservator _ Guardian or Conservator Other: L Other: Signer Is Representing: Signer Is Representing: C2007Natmnal Notary Association -9350 De solo Ave.. PO Boz 2+021Chals'.vorlh.CA 91310.202• w;uc11ationalNolar7org Item95907 Reorder. Call Tell Free f 900-a76-6827 Recorded in Official Records, Orange County PFCFI1 f �� Hugh Nguyen, Clerk -Recorder RECORDING REQUESTED BY AND SII III �11 IE�IE�111111111I�II',IIIII I,I !I, III NO FEE WHEN l4kbI [J&DAI ETU1RN TO: $ R 0 0 D 7 5 0 1 1 3 5$ 2015000233650 8:01 am 05106115 Cit Clerk 47 411 N12 1 Y 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of 1� ewport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees 1 pursuant to Government Code Section 27383" \ NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Burtech Pipeline, Inc. of Encinitas, CA, as Contractor, entered into a Contract on October 15, 2014. Said Contract set forth certain improvements, as follows: Back Bay Drive Storm Drain Rehabilitation Project C-5284 Work on said Contract was completed, and was found to be acceptable on April 28, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is North American Specialty Insurance Company. f\ Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. q i Executed on at Newport Beach, California. BY 4&J - Cit CI rk L -1t1 FOR% OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC April 29, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Back Bay Drive Storm Drain Rehabilitation Project Contract No. 5284 • Back Bay Drive Roadway Maintenance Project Contract No. 6005 Please record the enclosed documents and return to the City Clerk's Office. Thank you. - - - Sincerely.-----.— -- - ----- ---- - _ 91�. - Leilani I. Brown, MMC City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 . www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Burtech Pipeline, Inc. of Encinitas, CA, as Contractor, entered into a Contract on October 15, 2014. Said Contract set forth certain improvements, as follows: Back Bay Drive Storm Drain Rehabilitation Project C-5284 Work on said Contract was completed, and was found to be acceptable on April 28. 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is North American Specialty Insurance Company. n Public Works Dire tc or City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. i Executed on i 1 �9, �I� at Newport Beach, California. BY Ci CI rk CTY OF F NEWPORT BEACH City Council Staff Report April 28, 2015 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Peter Tauscher, Civil Engineer PHONE: (949) 644-3316 TITLE: Back Bay Drive Storm Drain Rehabilitation Project — Notice of Acceptance of Contract No. 5284 (CAP15-0038) ABSTRACT: On October 14, 2014, City Council awarded Contract No. 5284, Back Bay Drive Storm Drain Rehabilitation Project, to Burtech Pipeline, Inc. (Burtech) of Encinitas, California for a total contract cost of $426,518.00 with a $64,000.00 allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following account: Account Description General Fund Tide and Submerged Lands Account Number 7012-C2502014 7231-C2502014 Amount $ 39,378.88 $ 370.000.00 Total:$ 409,378.88 2.2 DISCUSSION: Overall Contract Cost/Time Summary Awarded Contract Final Cost at Contingency %Due to 1/6 Due to Amount Completion Allowance Contract Directed Unforeseen Change Change Change $426,518.00 $409,378.88 15% or less -4% -9% 5% Actual Time Allowed Contract Time (days) 85 -3 Under (-) or Over (+) The work for the completion of this contract entailed inspecting and videotaping storm drain lines; installing cured -in-place and spiral wound lining within existing storm drains; repairing pipe sections; installing a manhole access to a junction structure; pruning and removing debris, plants and trees; and replacing a storm drain trash rack. The work occurred primarily along Back Bay Drive and Bayview Way. The contract was completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 426,518.00 Actual cost of bid items constructed: $ 388,048.30 Total change orders: $ 21,330.58 Final contract cost: $ 409,378.88 Prior to construction, Burtech requested a material substitution using spiral wound technology for lining the storm drain pipes that would yield cost savings. Following the initial investigation, about half the pipes could use this new lining system. A credit of $15,008.04 was issued using the spiral wound method. In addition, some of the actual bid quantities of pipe were less than originally estimated after the debris and vegetation were cleared for construction. Four other change orders were executed. Two related to the extra work necessary to reline the storm drains along Back Bay Drive. Due to the favorable storm drain lining unit prices received, the third and fourth change orders were developed to reline other known deteriorated storm drain sections located along East Coast Highway, Begonia Avenue, and De Anza Drive. A summary of the project schedule is as follows: Estimated Completion Date per 2014-2015 Baseline Schedule April 20, 2015 Project Awarded for Construction October 14, 2014 Contract Completion Date with Approved Extensions April 10, 2015 Actual Substantial Construction Completion Date April 7, 2015 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302(c) (Construction resulting in no expansion of facility capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). M ATTACHMENTS: Description Attachment A - Location Map M. CITY OF COSTA MESA VICTORIA ST PACIFIC JOHN WAYNE AIRPORT UPPS NEWPC ................. §AY_` t PROJECT LOCATIONS BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT LOCATION MAP CITY OF IRVINE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5284 4/28/15 NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 24th day of September, 2014, at which time such bids shall be opened and read for BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT Contract No. 5284 $ 520,000.00 Engineer's Estimate Approved by �V, ark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949) 756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" and/or "C-34" For further information, call Peter Tauscher, Project Manager at (949) 644-3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: httl2;//www.NewportBeachCA.gov CLICK: Online Services / Bidding & Bid Results City of Newport Beach BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT Contract No. 5284 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — 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. `71IQ "It c)21 C[,pr� -,- A Contractor's License No. & Classification WET ECH P"P& L i OL Wc. . Bidder r Authorized S' natur itle Date T City of Newport Beach BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT Contract No. 5284 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF GREATER AMOUNT BID ------ Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT, Contract No. 5284 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of. any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 16TH day of SEPTEMBER 2014. BURTECH PIPELINE, INCORPORATED BY: ) Name of Contractor (Principal) Authorized Sign DOMINIC J. BURTEC NORTH AMERICAN SPECIALTY INSURANCE COMPANY BY: Name of Surety Authorized Ag6nt Signature 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 MARK D. IATAROLA, ATTORNEY-IN-FACT Address of Surety Print Name and Title 714/550-7799 Telephone (Notary acknowledgment of Principal & Surety must be attached) 5 ACKNOWLEDGMENT . l . r . Is . r . r . 11 . . l .......1111 r r .. ■ ■ r ....... r r ..... r ... r r . ■ ... r r ... ■ r . .. • ■ ... ■ ... r r State of C County of SS. On 2-2' before me,,.ary°C Notary Public, personally a peare 111n� a h t C, r' wb0. proved to me on the basis satisfactory evidence to be the persory( whose name( is/ re subscrib the within instrument and acknowledged tom at (�el�he/they execut the same in hi�er/their authorized capacity(ies), and that b hi er/their signatures(s) on the instrument the person(s), or the entity upon behalf of which e person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregollnn� paragraph Is true and correct. WITNESS my h fficial s I. ARTHUR P. ARQUILLA I .-commission No. 205,1358 Cl) NOTARY PUBLIC, CALIFORNIA F SAN DIEGO COUNTY Signature Commission Expires January 7, 2018 saaq ■ r .. r r. r r r r.■ r•■. r r r r r■ N. r r r r r r. r r r r r ... . r. r .. r r r r r a ... ■ r .. r r r r r r r. a .. r. r r r r r OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer �f Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ■ [........................................ r .. r ... [ ............ . ■ .... .. . . a ... a State of Calif r Co u my of on ZZ �J�`" fore m�A, >rth R A�rqualla, Notary Public Notary Public, p rsonally appeared who proved to me on the basis of satisfactory evidence to be the person s whose names is/ re subscribed the within instrument and acknowledged to meth he he/they execute the same i is er/their authorized capacity(ies), and that by(his er/t eir signatures(s) on the instrume a person(s), or the entity upon behalf of which t e persons) 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. WIT NE my hand and official se I. ARTHUR P. ARQUILLA I '' Commission No. 2051358 V NOTARY PUBLIC CALIFORNIA / SAN DIEGO COUNTY Commission Expires January 7.2D18 Signature (seal) ■ l a a a ■ [ .rare ■ . a .roar [ ■ l r .... Y ■ ■ ■ .. a .. [ . a [ a . i ......... [ . [ .. [ ....... t . [ . [ 1 [ . l OPTIONAL INFORMATION Date of Document Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) ❑ Check here If Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President / Vice -President 1 Secretary I Treasurer Other: Other Information: 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On 9/16/2014 before me, MICHELLE M. BASUIL NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name( is/a+e subscribed to the within instrument and acknowledged to me that he/aHe*teyp executed the same in his/ e4 authorized capacity(k a), and that by his/Herheir signatureM on the instrument the person(, or the entity upon behalf of which the person(&) MICHELLE M. BASUIL acted, executed the instrument. COMM # 2034911 Z SAN DIEGO COUNTY 1 certify under PENALTY OF PERJURY under the laws of :-.,.' Q r NOTARY PUBLIC -CALIFORNIA Z the State of California that the foregoing paragraph is true Q MY COMMISSION EXPIRES -' and correct. AUG. 24, 2017 Witness my hand and official seal. Signature 1-1 ;,*91, 7,-►� 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: 9/16/2014 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner— ❑ Limited ❑ General Gro Attorney in Fact ❑ Trustee ❑ Guardian or Conservator MARK D. IATAROLA ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)-._ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary.org Item 715907 Reorder: Call Toll -Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, MICHELLE M. BASUIL, GLENDA J. ROONEY, and MARK D. IATAROLA JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 91h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \`\\\pWIII I It 1)/////, // _ By s+:• SEAL : n ~ Steven P. Anderson, Senior Vice President of Washington International Insurance Company �•• SEAL "•.'y 'E z 1973 ' ne u1''. ,�• rv: Q` & Senior Vice President of North American Specialty Insurance Company a Or :R, Mill 11 By ti' •....,.. a �: :� ax••.y, o David M. Layman, Vice President of Washington International Insurance Company ryn/�'t��tts`tl\a & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 9th day of May 120 14. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 9th day of May 20 14 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" AU ti0 DONNA D. SKLENS Alk Notary Public, State of Illinois Donna D. Sklens, Notary Public My Commission Expires 1 0/06120 1 5 I, Jeffrey Goldberg the duly elected Assistant Secretary of'North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in fill force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 16th day of SEPTEMBER , 20 14 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington I"lemational Insurance Company & North American Specialty Insurance Company City of Newport Beach BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT Contract No. 5284 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work ___° of Number Total Bid Name: juiloel wark.9 Seryl (¢/C1 Address: 13502-H tt)3�*er Alv �j �1'I) ( /. Ta t ti%1 �1p� �tRCl�1n ' It 165,Wh,'441er,(,A OJOW 910 Ct7tll Phone: (YO) 201 —W3 (.dna)' 6P -Ai) kt-POUr State License Number: q 63'73 q Y Email Address: +JT) a)Oi�iSZYVi CJ► (�,' r '��• M Name: -Te,_m rIre* (,1K. , InC, Address: 1953 Allman(- S1. �7tnart� 111 12 Zr pO i iu j h F`0 � PQM 2 � 7 , C�{ j3'lj. & JUnc4t Uva Phone: (,93,0X33 - 4398 qlr State License Number: f IG 4 gd 0136 t. 1 Email Address: 70(1 rritin4es - %r,aJ. Cep, Name: Address: Phone: State License Number: Email Address 6tairt[,C,H P►r't "t IOIL ItJC Bidder L Authorized Signa 9if:�;,,r,21n1 IV -0 City of Newport Beach BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT Contract No. 5284 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name 5u1Z.-TEC 11 WELIWL loc . FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Numbers/o Project Description L/i�� 3� S�S�f. B A�,+ Approximate Construction Dates: From 4-'A'12 rrs To: 1,0XI-I/Z01-3 Agency Name��ra at 4�1 c_ Contact Person£�f o,¢, r'/(,>�-C! Telephone (6/S) 533-szo� Original Contract Amount $ 22 Final Contract Amount $ Z 241, 013 V9 If final amount is different from original, please explain (change orders, extra work, etc.) fl'4elw�� e..a� C Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. E No. 2 Project Name/Number Zo/2- Project Description 33 , Approximate Construction Dates: From �y 3, z�,%� To: Agency Name Contact Person (J.r dc"Ie4 n-- Telephone Y6-11 �o Original Contract Amount $ ' 3X // Final Contract Amount $_ �3��, 73::3 : a_73 If final amount is different from original, please explain (change orders, extra work, etc.) C M/J,N� � ©.�-[� 4' L .�-�®i'i/LL`i'.p� ! i �/2�j' �ht� .LitlCif��.4efE' �/�' G/t✓ '� .G % `C`�?Z'�i 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. `cra.0 '(-- No. 3 Project Name/Number 1-2��.��,��.g's� !� / Project Description 'fS1D�i �r �s�r��eti,s���uc �'�°,roe��sy�,ra Tem/yrs, /?7i✓•�� .�G �v3 Approximate Construction Dates: From AZ� Lv// To: Agency Name l %h e Contact Person /�f/�iL Oral Z -L4 A,g; Telephoneev Original Contract Amount D t , Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) �Bryi 7%Y7,yiJL. � y,0�-i/�1' ,fly � � .�vc' �G�i�.ta�i li �//� r -i �'r►� c.) ���/� Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. .V1o1c116 10 No. 4 Project Name/Number Z6/Z_ y Project Description Approximate Construction Dates: From ,66h Z011 To: Z/dk . Agency Name 61 r- 0 0f Contact Person /este« act Telephone (k5)S'G33 -- ,S-z-oS— m� Original Contract Amount Final Contract Amount $ Sl, If final amount is different from original, please explain (change orders, extra work, etc.) .��J. T/ON/7G- �.dJ,d./�f ,O.v,�► G'/iA.r� PJ.�2Yr,.+�t' �eK„ �.DJ�T/ouOG1'TiZ/.f' £'`•CoCd(/�1�1cie.F� 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. lvplcee",� No. 5 Project Name/Number Project Description el&61i�i�rr�Z,,G�ZC,� ���'�� �� ��.��<oC�sL�s'��, OiF Approximate Construction Dates: From cil-Z 70,12 To: &2tie.0 •' Agency Name Contact Person (,uis �'� ¢,�� Telephone 4,J) 5'33 _- 4 ';Eq Z Original Contract Amount Z�3 Final Contract Amount $,�SZ, ��� If final amount is different from original, please explain (change orders, extra work, etc.) .�0 /T/o�•D� r= 40 944t7AS_ l',/ Ae eIf19CA-Sr To �,�; 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. 11 No. 6 Project Name/Number 2o.-, Project Description d ,,vo0; S- 64 F, ,eV,4ra� Approximate Construction Dates: From) Q, To: w2c¢,u 7— Agency Name l_1 112�11 �ak 19, Contact Person/"'/��� G J�'� �s��`/.�-7 Telephone (/v/� Original Contract Amount $Z Final Contract Amount $_ 21 5Ya, 2Y'5, 1Z If final amount is different from original, please explain (change orders, extra work, etc.) 49AAi 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. ?Law k---- Attach / 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. e u rL'f tcN PVF_ ul,� 6 wc. Bidder Authorized ppes i (tt r.-} 12 City of Newport Beach BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT Contract No. 5284 NON -COLLUSION AFFIDAVIT State of California ) ss. County of eon P ) I� 0 t'�► rl (� J. _ v4e (Ire being first duly sworn, deposes nd says tha he or she is _77e— i j n G of 6arl eck iI F� IIS �nC , 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 DapTf-CN PIFF-L,INE, iNr', r Bidder Aut orized Sign Subscribed and swor7_� (or affirmed) before me on this by L/ � to r Z y4_� C-_ (1L_ 10 satisfactory evidence to be the person(s) who appeared and correct. , 2014 proved to me on the basis of me. I certify under PENALTY OF PERJURY under the laws f the foregoing paragraph is true and correct. �I ARTHUR P. ARQUILLA H Commission No. 2051358 i NOTARY PUBLIC -CALIFORNIA } SAN D1EG0 COUNTY j misSron ExOi►es,fanuery 7, 2018 13 a�,t7 Notary Public of California that the My Commission Expires: /4-/v City of Newport Beach BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT Contract No. 5284 DESIGNATION OF SURETIES Bidder's name �ur4(,6k pip jir,x. Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): (Nif 0(UjA & Ass60i 0-1 eS 435 W GrOv\d 6W 6., Esq-undldo, ria c1gog c-� u `l'3 scot b I�o�fh ANQ i carr, SR?CIr-lin 1Y�Sk�ros\CO- C.Y,-,rIAA Co -k u4 rs`n CzvAre- GAY A� 15b , ,A,vicn Oyl�, Ck, Gt2lq - 14 City of Newport Beach BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT Contract No. 5284 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name ,Q""/ -C& Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2013 2012 2011 2010 2009 Total 2014 No. of contracts ` ' / Total dollar Amount of Contracts (in Thousands of $) No. of fatalities No. of lost Workday Cases X� No. of lost workday cases involving permanent transfer to another job or termination of employment /f'J 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 BtAKTE H l?► f E 0 Q L- )1Jc , Business Address: i0 'Sccurd --,L C-ncin,}6,j, OA Business Tel. No.: 92az State Contractor's License No. and Classification: 4112 k 2 CIOM A Title pr-esi(bnJ Q rrcU The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. 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 if fewer than all of the partners/joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - - - - - - - - . c c-rr r�rc-r< r� c cry r<=r rcrcc crc�cc crer : - cr State of Calif or County of O n" Z before me, Arthur P. Arquilla, Notary Public -4jDal Mere Insert Name and Title of the Officer personally appeared / 0M111 � Pe Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ re subscribed to the 4In instrument and acknowledged to me that he/they executed thes e ' his er/their authorized capacity(ies), and that b his er/their signature(s) on the ARTHUR P. ARQUILLA instrument the person(s), or the entity upon behalf of Commission No. 2051358 �3 which the person(s) acted, executed the instrument. v(@(Commission NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY 60e 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han nd official 4 Place Notary Seal Above Signature Signal Not ry PublicOPTIONAL Though the information below is not required by law, it may prove valuable to persons rely 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: Number of Pages: • Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual E Individual Corporate Officer — Title(s): _ E Corporate Officer — Title(s): _ Partner — _' Limited : General E Partner — Limited 1 General Attorney in Fact Attorney in Fact Trustee Top of thumb here �, Trustee Top of lhurt;b here Guardian or Conservator Guardian or Conservator Other: _ Other: Signer Is Representing: Signer Is Representing: - \. tet-; .—.(.•-. _. . <. _ ... `C.V'tyV -r(. _ .. __ _�. eti --(i �. (.—L . 4 �. •e'G .. t_L.' .t'1. ..... - ... _ [.-�, _ <.. �- .. — —.._L .'V -'L . --v 02007 National Notary Association • 9350 De Soto Ave.. P.O Boz 2402 • Chatsworth. CA 91313.2402 - NationalNotary org Item .5907 Reorder: Call Ton -Free 1.800-976.6827 City of Newport Beach BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT Contract No. 5284 ACKNOWLEDGEMENT OF ADDENDA Bidder's name "rcVE(iq PIPKIN)E INC . The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 CitV of Newport Beach BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT Contract No. 5284 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: VIMCH PIPRWE, 113e Business Address: w2 (tty\d ;4,, b,96h 1 0�4, On 9-u A Telephone and Fax Number: 066)y6q-fit an, California State Contractor's License No. and Class: 718 A (REQUIRED AT TIME OF AWARD) j Original Date Issued: io 3 I S Expiration Date: CilI 1)120i(0 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 ocuments: 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 FmAk PU`0►zo C-Kfim tor- 10'z SOCcmq 4, w_;1r,1'4as,GAciw4 (.'lc_o) Gad - Corporation organized under the laws of the State of CaI(POr n I t� M The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: WRn-c-1 Plmclwe 10C. 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; NU Briefly summarize the parties' claims and defenses; Nd�JC Have you ever had a contract terminated by the owner/agency? If so, explain. WD -11) c 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 (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 19 Are any claims or actions unresolved or outstanding? Yes /Co) 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. I5UZfiFCH PIFE(jot Itic, Bidder ►Vom 101 C, \J. Aur fro (Print name of Owner or President of Corporation/Company) Authorized Signature/Title PIZe5)'(G'o4 R. ct0 Title qIz�(t� Date iH P .fir ua Notary ao On J/ 2,2 / � before AXhur ,` q � t� Pli qqotary Public, personally appeared h n i e e who proved to me on the basis of satisfactory evidence to be the per on(s) whose name(s is/ re s��ribed to the within instrument and acknowled to me thatChe/ he/they executed the'"same irf.,hisJa�er/their authorized capacity(ies), and that by�his er/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. WITfyE15S my hand and official seal. Notary Public in d fo said State My Commission Expires: i ARTHUR P. ARQUILLA I v� Commission No. 20 1358 0 SAN DIEGO COY PUBLIC UNTY Commission ExoresJanuary 7, 2018 it • City of Newport Beach BACK BAY DRIVE STORM Contract No. 5284 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT CONTRACT NO. 5284 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 15th day of October, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and BURTECH PIPELINE, INC., a California corporation ("Contractor"), whose address is 102 Second Street, Encinitas, CA 92024, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of inspection including, but not limited to CCTV recording of storm drain lines; installing cured -in-place lining within existing storm drains; repairing pipe sections; installing manhole access to a junction structure; pruning and removing debris, plants and trees; replacing a storm drain trash rack; and constructing all other incidental items of work as described in the contract documents (the "Project" or "Work"). C. 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, it is mutually agreed by and between the undersigned parties as follows: 1. 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 Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5284, 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'), all of which are incorporated herein by reference. 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. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 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 Four Hundred Twenty Six Thousand Five Hundred Eighteen Dollars ($426,518.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 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. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Frank Durazo to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Burtech Pipeline, Inc. Page 2 6. 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Dominic J. Burtech Burtech Pipeline, Inc. 102 Second Street Encinitas, CA 92024 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Burtech Pipeline, Inc. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. �'��=i�7►171�[r 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority' of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. 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 or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Burtech Pipeline, Inc. Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — 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. i6 P►tI:?-1% 0110 The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or Burtech Pipeline, Inc. Page 5 death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (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, attorneys' 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, reckless, 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 for any or all of them). 16.4 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 attorneys' 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 Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 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. Burtech Pipeline, Inc. Page 6 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Burtech Pipeline, Inc. Page 7 Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee Burtech Pipeline, Inc. Page 8 or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22, 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. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Burtech Pipeline, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATT07T _',S OFFICE Date: 10 '' l (,� Aaron C. Harp CAm %olvqIi4 City Attorney ATTEST: A X. Date: By. �&'bw-- Leilani 1. Brown City Clerk L'-1t,Foai CITY OF NEWPORT BEACH, a California municipal corporation Date: LI - By. (on, Rus N. ill, II Mayor CONTRACTOR: Burtech Pipeline, Inc., a California corporation Date: io12c)17-V1q By: Do, ,;nlc J. Burtech President & CEO,, Date: By: Jtcretary urtech S [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Burtech Pipeline, Inc. Page 10 PROJECT: BACK BAY DRIVE STORM DRAIN REHABILITATION EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 2190761 EXECUTED IN DUPLICATE BOND NO, 2190761 PREMIUM INCLUDED M PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Burtech Pipeline, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consisting of inspection including, but not limited to CCTV recording of storm drain lines; installing cured -in-place lining within existing storm drains; repairing pipe sections; installing manhole access to a junction structure; pruning and removing debris, plants and trees; replacing a storm drain trash rack; and constructing all other incidental items of work as described in the contract documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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, SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Twenty Six Thousand Five Hundred Eighteen Dollars ($426,518.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present NORTH AMERICAN THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Burtech Pipeline, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 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 20TH day of OCTOBER , 20 14 BURTECH PIPELINE, INCORPORATED Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 Address of Surety 7141550-7799 Telephone BY: DOMINIC J. BY: PRESIDENT Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED Burtech Pipeline, Inc. Page A-2 ACKNOWLEDGMENT State of Ca!ifornia County of } ss. On 20 before me, Notary Public, personally appeared 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 helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT State of California County of ) ss. On 20_ before me, Notary Public, personally appeared 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 heishe/they executed the same in his/her/their authorized capacity(ies), and that by his/hediheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Burtech Pipeline, Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of On _10120/2014 before me, GLEN,QAJ. ROONEY NOTARY PUBLIC Dale Hure Insert Nan-- N,Itl rirle of IN, OR,er personally appeared _ _ MARK D. IATAROLA _ fear o(s) of Sijner(s} ------------------------ OFFICIAL SEAL GLENDA J. ROONEY NO COMMEND. 201252RNIA SAN DIEGO COUNTY MY COMM. EXP, MAR, 16, 2017 Pla, , No',ry Se- ALnve who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/afe subscribed to the within instrument and acknowledged to me that hefst eH executed the same in his/herfthe r authorized capacity(ies), and that by his/ke WIe# 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. SignatureVV �a °t Signaluro of Notary Public OPTIONAL 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D_ IATAROLA O Individual D Corporate Officer ---- Title(s): L.l Partner ---- L Limited ❑General (,,tl Attorney in Fact .l Trustee ❑ Guardian or Conservator L Other: Signer Is Raprosenting: Number of Signer's Name: ❑ Individual CI Corporate Officer—Title(s)_ (7 Partner— ❑ Limited ❑ General Li Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: r,rr�L��crr. 2 tV Nition3t Nolar, 1s3 : �G R 'v A,a., Po. B , ...'.+2 Clmts,,wb. CA 91313 M2 • w,weNatl,,1 No 11y 1 Iln NSO) n�`Aec Call Toll Fr -e 1-M 1)6-f�2] NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALI. MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under (arcs of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company. a corporation organized and existing nuclei the laws of the State of New Hampshire and having its principal office in the City of Schaumburg. Illinois, each (toes hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY. MICHELLE M. BASUIL, GLENDA J. ROONEY, and MARK D. IATAROLA JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make_ execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, oto contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION (SSO,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Bonds of Directors of both ;North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9" of May, 2012: `RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Societal or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surely, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile Signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." otmnminrmrrr GA <a %`3Qsp1 Wr fe..p-I(rp EGe,pPON Tm,rryb$�V ltd By 4�PNOA�, b Ir: m. 3 SEAL 'm`— Steven P.aa e s to Pea rttnshinkun lmerwnbnal I.....nre Comnam. S SEAL 91, B. 1973 Win Ss R Senor Fie Pruden of Nnrlh Amenenn SVed0r, Insurance Comnan} �m 'rmunmana(upss P. Bs Dav RIM. Lay mar, Vice PPx.ident of Rorwnyhnn�t(nvnrnnce inn}. F Niel Pre•idem of No, to An,oran S,'Wry Invvanee C.ro,s, IN WITNESS WHEREOF, North American Specialty hnsurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 9th clay of May . 20 14 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss' Chn this 9th day of MAY . 2O 14 , before me, a Notary Public personally appeared Steven P. Andcison , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known tome, who being by me duly swum, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. t DONNA0 IF D. S NS ' ''. Li,' '1' :'V c<a' ✓J NotaryPubllc, State of Illinois Dorms D. Sklens, '-.Votary Public My Commission Expires 10/owil is I, leffi'ev Goldberg [ha duly erected Assistant Secretaivof North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and forogoing ISO, tate and correct copy of a Power of Attomey given by said North American Specialty Insurance Company and Washington International lillalance Company, which is still in full force and effect. IN WI,"DESS WHEREOF. I have set my hand and affixed the seals of the Companies this 20th day of OCTOBER , 20 14 . Ierfi,, G.dbep, C,ce Pieadem h 1-1llnl Seereiary or u'aAinmon lnmmartmal Insnaoee Canyran}• f Noah ..,U ohun Syeriahv Or... once ('"lo,ony CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT crn-.crcr.�toer ,�.Frt czrrrn.c'.�czrc"r.�rcr.�r.�v'.i'r�rcccc.crct�.c�.crc'rc�,cc.�rc'zc.ercrcrcr.:v State of California County of ) Jl &-al-t : v On ICU ZI.- /4' before me, Arthur P. Arquilla, Notary Public Date y� ,1 Here Insert Name and Title of the I personally appeared LT_L ,J,s i C- W I f @ARTHP. ARQUILIA UR Commission No. 2051358 O NOTARYPUBLIC CALIFORNIA w SAN DIEGO COUNTY Commission Expires January 7, 2018 PI3Ce Nolary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)/ subscribed to the within instrument and ackn Iwo edged to me that he/they executed the same l<his/hedtheir authorized oapacity(ies), and that byChis/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 Signature OPTIONAL Though the information below is not required by law, it may prove valuable to pail and could prevent fraudulent removal and reattachment of this form to 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: Individual Corporate Officer — Title(s): Partner Limited General Attorney in Fact =i Trustee Guardian or Conservator _ 7 Other: Signer Is Representing: N Signer's Net r-: Individual relying qn the document Number of Pages: Corporate Officer —Title(s): _ Partner Limited r General Attorney in Fact C --Trustee Guardian or Conservator _ Other: Signer Is Representing: Tap of thumb here 02007 National Notary Association, 9350 De Solo Ave. P.0So%2402•Cnatr:mith. CA 913132402• vvv NationaMotart org Item -15907 Reorder Call Toll -Ree 1.800.8%6.6827 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Burtech Pipeline, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consisting of inspection including, but not limited to CCTV recording of storm drain lines; installing cured -in-place lining within existing storm drains; repairing pipe sections; installing manhole access to a junction structure; pruning and removing debris, plants and trees; replacing a storm drain trash rack; and constructing all other incidental items of work as described in the contract documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Twenty Six Thousand Five Hundred Eighteen Dollars ($426,518.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Burtech Pipeline, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 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 shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20_ Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Burtech Pipeline, Inc. _ Page A-2 ACKNOWLEDGMENT State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California (seal) County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Burtech Pipeline, Inc. (seal) PROJECT: BACK BAY DRIVE STORM DRAIN REHABILITATION CITY OF NEWPORT BEACH BOND NO. 2190761 FAITHFUL PERFORMANCE BOND EXECUTED IN DUPLICATE BOND NO. 2190761 PREMIUM: $4,052.00 PREIUM IF FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE The premium charges on this Bond is $ 4,052.00 , being at the rate of $ 9.50 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Burtech Pipeline, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consisting of inspection including, but not limited to CCN recording of storm drain lines; installing cured -in-place lining within existing storm drains; repairing pipe sections; installing manhole access to a junction structure; pruning and removing debris, plants and trees; replacing a storm drain trash rack; and constructing all other incidental items of work as described in the contract documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY 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 Four Hundred Twenty Six Thousand Five Hundred Eighteen Dollars ($426,518.00) 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. Burtech Pipeline, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event 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 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 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 20TH day of OCTOBER 2014 BURTECH PIPELINE, INCORPORATED BY: Name of Contractor (Principal) Authc NORTH AMERICAN SPECIALTY INSURANCE COMPANY BY: / vla Name of Surety Authorized 6 HUTTON CENTRE DRIVE, SUITE 650 SANTA ANA, CA 92707 MARK D. IATAROLA Address of Surety Print Name and Title 7141550-7799 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Burtech Pipeline, Inc. Page B-2 ACKNOWLEDGMENT State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Burtech Pipeline, Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of___ ___ __ SAN DIEGO On _ 10120/,2014" before me, GLENDA J_ROONEY NOTARY PUBLIC Oat, Nene lnsrt Name „rd Titin of lhs Officer personally appeared MARK D. IATAROLA Nan ce(>Y o(Signer(s) --------------- OFFICIAL SEAL GLENDA J. ROONEY NOTARY PUBLIGCALIFORNIAR, COMM. NO. 2012528 SAN DIEGO COUNTY MY COMM. EXP, MAR, 16, 2017 Place Nota,y Sal Abovn who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/a+e subscribed to the within instrument and acknowledged to me that he/ehe4till executed the same in his/hefi4„ei authorized capacity(aes), and that by his/he0l+eir signature(a) on the instrument the person(e), 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. Signatureh 0'6 4� SiiTnat.reo1y PuiAic r OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK, D. IATAROLA El Individual ❑ Corporate Officer---Title(s): Ci Partner - -- ❑ Limited ❑ General W Attorney in Fact ❑ Trustee `❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s)_ ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator X Signer Is Representing: n>3 N!..,,N W ii,� l,Ac. 1• '-4 eeS.t Am, PO.P 2 � CLalSN:M. CA 3131? 2402 C IW i >5c�./ neonlerCII T-, Fixe 1$ 1) 37r v':] NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRFSFNfS, THAT North American Specialty Insurance Company, a corporation duly organized tad existing under laws of the State of News Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg.. Illinois, each does hereby make, constitute raid appoint: JOIIN G. MALONEY, HELEN MALONEY, MICIIELLE M. BASUIL, GLENDA J. ROONEY, and MARK D. IA'PAROLA JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may, be required m permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. Fl FTY M I LLION (S50,000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Director of both \oath American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9a' of May. 2012: "RESOLVED, that any two of the Presidents, any Managing Director, tory Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Pow-ei of Anomey to execute on behalf of the Company bonds, undertakings and ail contracts of Surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." soanmt01rm i. SeCoi�otiq�.q's.._. h510oAZNGss C B}' W1 4 TF,. _ SEAL o= sn.<tt v,e o s Viceon v staent of NN t mitten t rn tmnmmsure�ue comp, y SEAL a Sw4•• 1973 zinc Ssemm\n<Ynsldun WNW], SPu nap lnmmnoc Utmvuny gI :n 3 b�NAM45�,','e I if 10i Br < _tm�oeamoo onaia ur et t noet International ayeo c'omvan> s vm<v...Ide.,ofxonn nnearn. S1116.111 m.orxnrcoonAo IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, mid these presents to be signed by their authorized officers this 9th day of Nlay , 20 14. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss" On this _9th da, of Mas 2014 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty hnsurance Company and David M. Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, Personally known to me, who being by me duly swom, acknowledged that they signed the above Pow er of Attorney as officers of and acknowledged .said instrument to be the voluntary act and deed of their respective companies. r "OFFICIAL SEAL" ,�I t t',� ,c<;'°•.0 DONNA D. SKLENS Notary Public, State of Illinois Drama D. Sklens, Notary Public My Commission Expires to/W2015 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty hnsurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in fall force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 20th day of OCTOBER , 20 t4 . Jefaey Guldbng Vice zesideot A, Amnttent Secretor, of wnsn3npmo Intemorionat Inaumnoe Cotvpnny &Norah imerlcon Specialty tnsrzance Cmnpwc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c'CLQ_.,2'Act".I`•^fiAc('.2Y'.K'.Yt`,ci^INhYYCRF`FC.cr'.2C.Z'C.C'()�('.isC'.. _ .c('.2v�-Yl',CCF.N.c'!`.cC.CY'.fk't�'.C>CX:C.�C.tv^.iY State of California County of , az_ On before me Arthur P ArquiRa, Notary Pub& bolo r(T�p Here 1 sen Name and Ttlle personally appeared / / t ✓t 1 f a� --------------- NQARTHUR P. ARQUILLA Commission Na 2051358 0 NOTARY PUBLIC CALIFORNIA ySAN DIEGO COUNTY Commission Expires January 7, 2018 Pbce Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)'Oare subscribed to the within instrument and acknowledged to me that he/'she/they executed the same iq'hls/her/their authorized capacity(ies), and that by'hls/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Signature OPTIONAL Though the information below is not required by law, it may prove valuable to pet and could prevent fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: • Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Individual Corporate Officer—Title(s): — Partner— Limited = General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing ling on the document document. Number of Pages: Signer's Name: Individual Corporate Officer — Title(s): _ C. Partner — - Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: •• Top of thumb here 02007 Nahonat Notary Association• 9350 De Soto Ave.. PO Box 2402'ChalsAonn.CA 91817.2:02• wx.v PIationatNotarrorg 110n,95907 yReorder Can Toll Free 1-800.876 6827 CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Burtech Pipeline, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consisting of inspection including, but not limited to CCTV recording of storm drain lines; installing cured -in-place lining within existing storm drains; repairing pipe sections; installing manhole access to a junction structure; pruning and removing debris, plants and trees; replacing a storm drain trash rack; and constructing all other incidental items of work as described in the contract documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and , 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 Four Hundred Twenty Six Thousand Five Hundred Eighteen Dollars ($426,518.00) 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. Burtech Pipeline, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event 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 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 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 day of 20_ Name of Contractor (Principal) Authorized Signature/Title Name of Surety Address of Surety Telephone Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Burtech Pipeline, Inc. Page B-2 ACKNOWLEDGMENT State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of ) ss. On (seal) 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Burtech Pipeline, Inc. (seal) f Vf.9 3M INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. 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 VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Burtech Pipeline, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. 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. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each Burtech Pipeline, Inc. Page C-2 required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit C 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, Burtech Pipeline, Inc. Page C-3 or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. 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 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. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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 agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with 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 Burtech Pipeline, Inc. Page C-4 specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Burtech Pipeline, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 10/27/14 Dept./Contact Received From: Raymund Date Completed: 10/29/14 Sent to: Raymund By: Chris Company/Person required to have certificate: Burtech Pipeline, Inc. Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9/3/14-9/3/15 A. INSURANCE COMPANY: Old Republic General Insurance B. AM BEST RATING (A-: VII or greater): A:IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑I No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No 1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. 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 K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A Z Yes ❑ No I1. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 9/3/14-9/3/15 A. INSURANCE COMPANY: Old Republic General Insurance B. AM BEST RATING (A-: VII or greater) A:IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑, Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 913/14-9/3/15 A. INSURANCE COMPANY: Old Republic General Insurance B. AM BEST RATING (A-: VII or greater): A:IX C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ®Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No V BUILDERS RISK 0 N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: 1195 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 10/29/14 Date RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. PROPOSAL BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT CONTRACT NO. 5284 To the Honorable City Council City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: PR 1 of 4 The undersigned declares that he/she has carefully examined the location of the work, has read the letter to the Contractor, has examined the Location Map and understands the proposed work, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 5284 in accordance with the provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization and Demobilization @ SQI/er, 16Mo n4 Dollars and N -d Cents $ M7! SO- q-6 Per Lump Sum 2. Lump Sum Traffic Control 3 @ Fou,, 7hoal ftw Dollars and Cents $ Am'j-0 Per Lump Sum Lump Sum Best Management Practices @ fiur7hMaul rive #Idiollars and 1 Cents Per Lump Sum PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Exploratory Work @ %+lei !wt 7NaA4 Dollars and U Cents $ 92� 0-0. Per Lump Sum 5. Lump Sum Cleaning and Preliminary Inspection of Existing RCP/CMP Storm Drain, Including CCTV Recordings r @ Dollars and tiD Cents $ Per Lump Sum 6. 1,380 L.F. Install Cured -In -Place Pipe Lining within Existing 12 -inch to 15 -inch RCP/CMP Storm Drain Pipe dt&j;e» @0mtNAd Dollars and F044Cents $ I►i• qQ $ % S��i732. (V Per Linear Foot 7. 750 L.F. Install Cured -In -Place Pipe Lining within Existing 18 -inch to 24 -inch RCP/CMP Storm Drain Pipe -rd of 1 @ lint Hwa �en�h'Dollars and AfYl,!j 1 Cents $ l7Y. qS- $ 00, W -s`0, Per Linear"Foot 8. 130 L.F. Install Cured -In -Place Pipe Lining within Existing 42 -inch RCP/CMP Storm Drain Pipe @ k10Dollars and rOtiL -f)Vi Cents $ Zg3• US $ jgg.5o Per Linea Foot PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 11 EA. Trim Brush and/or Tree 10 11 12 13 @ Qr t 1116 U�S A Dollars and N -d Cents $ On $ I h arv, GMl Per Each 200 S.F. Spall Repair @ films th �1� Dollars and l�1 o Cents $ Gyl) d-00 • oo Per Square Foot 1 EA. Remove and Construct Trash Rack — Back Bay Drive SP #1 J (/cr` �{IAdr-I @ Tw �` fir`/ Dollars and N� Cents $ 'zd00-$ 717co eb Per Each 1 EA. Install 42 -inch CMP Storm Drain Pipe "Point Repairs" Including Bedding, Backfill, and Trench Resurfacing @ CIVIC 4i�1Phc� �x !14�I1ars and Cents $ S j bdii �$ $ -'1600-4 Per Each 1 EA. Expose Junction Structure, Clear Debris, Repair Structure, and Install 24 -inch Manhole, Reducer, and Shaft per CNB ST�L . cn�]�bj��'� @ ✓Dollars N -v. and $ 71 �'��. i� $ -7,900, i Per Each PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. Lump Sum Provide As -Built Record Drawings @One thousand Dollars and Zero Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and 1,)� Cents Date p66)V3y-282.2 /(7&0) Contractor's Telephone and Fax Numbers `7182o2 , Cl" A Contractor's License No(s) and Classification (s) Contractor's email address: $ 1,000.00 �' 5h)(Rr) Dollars Total Price (Figures) NK-VCCA r1ru jf- We Bidder rrf,)tit601 & ceo Cont actor's Aut e ignature and Title .far►i�alj, QA°12021 Contractor's ,9ddress bu rte rF0 1 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT CONTRACT NO. 5284 SPECIAL PROVISIONS 1 PART 1 1 GENERAL PROVISIONS 1 SECTION 2 ---SCOPE AND CONTROL OF THE WORK 1 2-6 WORK TO BE DONE 1 2-9 SURVEYING 1 2-9.1 Permanent Survey Markers 1 SECTION 3 ---CHANGES IN WORK 2 3-3 EXTRA WORK 2 3-3.2 Payment 2 3-3.2.3 Markup. Replace this section with the following: 2 SECTION 4 ---CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 4-1.3 Inspection Requirements 2 4-1.3.4 Inspection and Testing 2 SECTION 5 ---UTILITIES 3 5-1 LOCATION 3 5-2 PROTECTION 3 5-7 ADJUSTMENTS TO GRADE 3 5-8 SALVAGED MATERIALS 3 SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 4 6-7.4 Working Hours 4 6-9 LIQUIDATED DAMAGES 5 6-11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 5 7-1 THE CONTRACTOR'S EQUIPMENT AND FACIUITIES 5 7-1.2 Temporary Utility Services 5 7-8 WORK SITE MAINTENANCE 6 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 6 7-8.7.2 Steel Plates 7 7-8.8 Storm Drain Flow Bypass 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.3 Street Closures, Detours and Barricades 7 7-10.4 Safety 8 7-10.4.1 Safety Orders 8 7-10.5 "No Parking' Signs 8 7-10.6 Notices to Residents and Businesses 9 7-15 CONTRACTOR'S LICENSES 9 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 9 7-19 STORM DRAIN FLOW BY-PASS SYSTEM 10 SECTION 9 ---MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment 13 PART2 13 CONSTRUCTION MATERIALS 13 SECTION 201--- CONCRETE, MORTAR, AND RELATED MATERIALS 13 201-1 PORTLAND CEMENT CONCRETE 13 201-1.1.2 Concrete Specified by Class 13 201-2 REINFORCEMENT FOR CONCRETE 13 201-2.2.1 Reinforcing Steel 13 201-7 NON -MASONRY GROUT 13 201-7.2 Quick Setting Grout 14 SECTION 207 ---PIPE 14 207-2 REINFORCED CONCRETE PIPE (RCP) 14 207-2.1 General 14 207-2.5 Joints 14 SECTION 215 ---MISCELLANEOUS STROM DRAIN ITEMS 14 215-5 Spall Repair Mortar/Bonding Agent 14 PART 3 14 CONSTRUCTION METHODS 14 SECTION 300 ---EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 14 300-1.3.1 General 15 300-1.3.2 Requirements 15 300-1.5 Solid Waste Diversion 15 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 15 302-6.6 Curing 15 SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 16 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 16 303-5.1 Requirements 16 303-5.1.1 General 16 303-5.4.1 General 16 303-5.5 Finishing 16 303-5.5.1 General 16 303-5.5.2 Curb 16 303-5.5.4 Gutter 16 SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 16 308-1 General 16 SECTION 313 --- CONCRETE REPAIR METHODS 17 313-1 GENERAL 17 PART4 18 SECTION 400 ---ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 18 PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 18 400-2 UNTREATED BASE MATERIALS 18 400-2.1 General 18 400-2.1.1 Requirements 18 PARTS 18 SECTION 500 ---PIPELINE SYSTEM REHABILITATION 18 500-1 PIPELINE REHABILITATION 18 500-1.1.2 Submittals. 18 500-1.1.3 Cleaning and Preliminary Inspection 19 500-1.1.4 Television Inspection 20 500-1.1.5 Miscellaneous, Access/Insertion Pits. 20 500-1.1.6 Warranty 21 500-1.12 Pipeline Point Repair 21 500-1.2.1 General 21 500-1.4 Cured -In -Place Pipe Liner (Cl PP Liner) 21 500-1.4.1 General 21 500-1.4.2 Material Composition and Testing 21 500-1.4.4 Chemical Resistance 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BACK BAY DRIVE STORM DRAIN REHABILITAION PROJECT CONTRACT NO. 5284 INTRODUCTION SP 1 OF 22 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D -5374-S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consist of inspecting and CCTV the storm drain lines; installing cured - in -place lining within existing storm drains; repairing pipe sections; installing a manhole access to a junction structure; pruning and removing debris, plants and trees; replacing a storm drain trash rack; and constructing all other incidental items of work as described in the contract documents." 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "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 SP2OF22 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. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: "(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 ............................................ 15 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, one (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 (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing "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 SP3OF22 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 after the 3rd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." I�:l E.�4t•Ti��'�l_1�a1��37iTiLX►It��Zrl:7_i�7d 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing cleanout covers. 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 City of Newport Beach Utilities Division, at (949) 644-3011. SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK SP4OF22 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.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section "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 the pre - construction meeting. 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 40 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4m 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 31st(NewYear's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. Fy2wiTam 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 6:00 p.m. on Saturday only. A request for working outside the normal working 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 $146 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 the above liquidated damages 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". 6-11 SEQUENCE OF CONSTRUCTION All construction activities along Back Bay Drive and San Joaquin Hills Road must occur between the months of September and February, and shall be noted on the construction schedule. All work shall adhere to the conditions in Streambed Alteration Agreement #1600-200500562-R5 — Appendix A. SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services. Add to this end of this section: "if the Contractor elects to use City water, he shall arrange for a meter and tender an $1,073.21 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. SP6OF22 The Engineer shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water' 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 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 in advance. 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." 7-8.6 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 Manua/ which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: 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, ocean, Newport bay, 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 SP7OF22 Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates. "Steel plates utilized for 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." 7-8.8 Storm Drain Flow Bypass. The Contractor shall bypass all storm drain flows during construction operations, as required, and 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. Plans for bypassing shall be submitted to the Engineer for approval prior to construction. 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 (W.A.T.C.H.), published by Building News, Inc. Bike path access shall be maintained at all times. 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)." 7-10.3 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 showing typical closures and detour plans(s). 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. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to arrangements by contacting the City's 3468 and all affected property owners. SP8OF22 make alternative trash collection Refuse Superintendent, at (949) 718- 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 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." Add the following Section 7-10.5 "No Parking" Signs 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 by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 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 City of Newport Beach "Temporary Tow -Away, No Parking" signs are 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 non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents and Businesses MmeyoTam 7-10.6 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses 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 valid "A" and/or a Pipeline Specialty Contractor "C- 34" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid 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. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. 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." SP 10 OF 22 Add the following Section: 7-19 STORM DRAIN FLOW BY-PASS SYSTEM "The Contractor shall bypass all storm drain flows during storm drain related construction operations, as required. The Contractor shall at all times be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. If pumping is required, the Contractor shall provide redundant pumping capabilities to remain on site if the primary system fails. Primary bypass system and backup bypass systems shall be designed to handle 120 percent flow as specified by the City. The effluent level in the bypass pumping manhole shall not be allowed to rise more than 1 foot above the crown of the incoming storm drain pipe. 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 any way relieve the Contractor of its responsibilities provided for in this section of any public liability under this Contract." 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 and Demobilization: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for mobilization, providing bonds, insurance and financing, obtaining an equipment and material storage site, construction surveying, potholing and exploratory work, preparing and updating construction schedule, providing submittals, storm drain by- pass plan, and by-pass system, attending all construction meetings, demobilizing, completing all reporting documents, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for delivering all required notifications, posting signs and notifying residents and businesses. In addition, the Contractor shall submit to the Engineer — at least five working days prior to the pre -construction meeting — a traffic control plan showing typical closures and detour plan(s). The Contractor shall be responsible for processing and obtaining approval of traffic control plans from the SP 11 OF 22 City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Item No. 3 Best Management Practices: Provisions shall be set in place for collecting and disposing of fallen construction debris and to protect public and private properties to include, but not limited to, Newport Bay, underground and above ground utilities, landscaping, and protecting waterways and animal habitats. Item No. 4 Exploratory Work: Work under this item shall include, but not limited to, providing all the necessary labor, equipment, and materials to locate the existing pipe either inlets or outlets by removing excessive sand, dirt, debris, tree branches, brush, and other items which may interfere with the subsequent pipe cleaning, CCTV recording, and relining activities. Once the pipe is exposed the excess materials shall be disposed of by the Contractor. Item No. 5 Cleaning and Preliminary Inspection of Existing RCP/CMP Storm Drain, Including CCTV Recordings: Work under this item shall include, but not limited to, providing all the necessary labor, equipment, and materials to perform the preliminary cleaning and television inspection described in the Specifications. This item shall include a brief written report on each location noting existing conditions and pipe condition. Any observations made during the initial inspection and CCTV review shall be incorporated in the cured -in-place pipe lining installation. Item No. 6 Install Cured -In -Place Pipe Lining within Existing 12 -inch to 15 - inch RCP/CMP Storm Drain Pipe: Work under this item shall include, but not limited to, providing all the necessary labor, equipment, and materials for installing cured -in- place pipe, bypassing existing storm drain, controlling fluctuations surface water and groundwater, performing all required material testing, post -installation CCTV inspection and all other work necessary to install the pipe complete in place. During field inspections pipe observations may reveal irregular shape; Contractor shall confirm pipe condition and take the appropriate actions prior to material procurement and lining installation. Item No. 7 Install Cured -In -Place Pipe Lining within Existing 18 -inch to 24 - inch RCP/CMP Storm Drain Pipe: Work under this item shall include, but not limited to, providing all the necessary labor, equipment, and materials for installing cured -in- place pipe, bypassing existing storm drain, controlling fluctuations surface water and groundwater, performing all required material testing, post -installation CCTV inspection and all other work necessary to install the pipe complete in place. During field inspections pipe observations may reveal irregular shape; Contractor shall confirm pipe condition and take the appropriate actions prior to material procurement and lining installation. Item No. 8 Install Cured -In -Place Pipe Lining within Existing 42 -inch RCP/CMP Storm Drain Pipe: Work under this item shall include, but not limited to, SP 12 OF 22 providing all the necessary labor, equipment, and materials for installing cured -in-place pipe, bypassing existing storm drain, controlling fluctuations surface water and groundwater, performing all required material testing, post -installation, CCTV inspection and all other work necessary to install the pipe complete in place. During field inspections pipe observations may reveal irregular shape; Contractor shall confirm pipe condition and take the appropriate actions prior to material procurement and lining installation. Item No. 9 Trim Brush and/or Tree: Work under this item shall include, but not limited to, the cost of all labor, equipment, and materials for trimming existing brush and/or trees as directed by the Engineer; disposing of excess materials, restoring surface to match adjacent area, and all other items to complete work in place. This work shall be limited to areas directly adjacent to storm pipe inlet, outlet, or access point. Item No. 10 Spall Repair: Work under this item shall include, but not limited to, all labor, equipment, and materials for spall repairs using specified Sika Corporation products or approved equals, tying in to existing shotcrete, and all other work items required to complete this work in place. Item No. 11 Remove and Construct Trash Rack — Back Bay Drive SP #19: Work under this item shall include, but not limited to, all labor, equipment, and materials for removing and disposing of the existing trash rack, removing excess dirt, plants, and non-native materials; forming and finishing concrete; providing shop drawings, fabricating and installing steel trash rack with hot dipped galvanized finish and appurtenances per Back Bay Drive SP#19 Trash Rack Detail; restoring all existing improvements damaged by the work; stabilizing the area surrounding the inlet; connecting trash rack to pipe inlet; and all other work items as required to complete the work in place. Contractor shall verify dimensions prior to fabrication and installation. Item No. 12 Install 42 -inch CMP Storm Drain Pipe "Point Repairs" Including Bedding, Backfill, and Trench Resurfacing: Work under this item shall include, but not limited to, furnishing and installing all pipe materials for point repairs; exposing pipe and utilities in advance of pipe excavation operations; trench excavation, shoring, bracing, temporary patching or trench plates, falsework; controlling ground and surface water; providing and compacting bedding, backfill; installing pipe, potholing of all existing facilities, connecting to existing facilities; removing, abandoning or protecting interfering portions of existing utilities or improvements; temporary and permanent support of utilities; disposing excess excavation materials, providing all surface improvements. The Contractor will replace a 12 -foot length of deteriorated CMP, with an assumed depth of 6 -feet below ground surface. Item No. 13 Expose Junction Structure, Clear Debris, Repair Junction Structure, and Install 24 -inch Manhole, Reducer, and Shaft per CNB STD -310-L: Work under this item shall include, but not limited to, all labor, equipment, and materials for exposing, excavating, shoring, removing, and disposing of the existing storm drain junction SP 13 OF 22 structure top deck; removing interfering debris from within the junction structure; making repairs to the existing structure; installing top deck, access shaft and manhole access with 24 -inch non -traffic rated lid per CNB STD -310-L; protecting existing utilities; protecting the slope; backfilling and compacting excavation; restoring pavement and all other work items as required for performing the work complete and in place. Item No. 14 Provide As -Built Record Drawings: Work under this item shall include all actions necessary to provide as -built record drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: `Portland Cement concrete for construction shall be Class 560-C-3250." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 epoxy coated steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201-7 NON -MASONRY GROUT SP 14 OF 22 201-7.2 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 207-2 REINFORCED CONCRETE PIPE (RCP) 207-2.1 General. These specifications apply to reinforced concrete pipe intended to be used for the construction of storm drains, sewers, and related structures. 207.2.5 Joints. Add to this section: "All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845-6962." SECTION 215 ---MISCELLANEOUS STROM DRAIN ITEMS 215-5 Spall Repair Mortar/Bonding Agent All spalls repairs shall be made using Sika Corporation products and be applied per the product specifications and manufacturer's instructions. The Sika products approved for use on this project are as follows: Sikatop 123 Plus Sikatop 111 Plus Sika Armatec 110 PART 3 SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 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: SP 15 OF 22 http://newportbeachca.govfindex.aspx?page=157 and then selecting the link Franchised Haulers List." 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 for Public Works Construction 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 shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Ailey 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 " 1 '% inch" of the last sentence with the words "two (2) inches'. Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion. Non -reinforced clean 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 and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength SP 16 OF 22 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." 303-5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303-5.5 Finishing 303-5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" 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. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 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 submit recommendations by its arborist to the City for review for safely pruning and SP 17 OF 22 removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway (949) 644-3083) at the site to discuss City standards and requirements. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SECTION 313 --- CONCRETE REPAIR METHODS 313-1 GENERAL. Add to this section, "The repair material shall be prepared and installed per the manufactures specifications, included but not limited to the following requirements: SP 18 OF 22 Spall Repair: Moderate spalls shall have a minimum depth of 1/8" to maximum depth of 1- 1/2". Repair areas must be clean, sound and free of contaminants, loose and deteriorated concrete shall be removed by mechanical means. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Apply scrub coat to the substrate, filling all pores and voids. While scrub coat is still wet apply SikaTop 123 Plus. For applications greater than 1" in depth add 3/8" coarse aggregate. 2. Severe spalls shall have a minimum depth of 1-1/2". Repair areas must be clean, sound, and free of contaminants, loose and deteriorated concrete shall be removed by mechanical means. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Apply scrub coat to the substrate, filling all pores and voids while scrub coat is still wet apply Sikatop 111 Plus. Add 3/8" coarse aggregate. If repair area is too large to fill while scrub coat is still wet, use Sika Armatec 110 EpoCem in lieu of the scrub coat. PART 4 400-2 UNTREATED BASE MATERIALS 400-2.1 General. 400-2.1.1 Requirements. Add to this section "The Contractor may use crushed aggregate base or crushed miscellaneous base as base materials." PART 5 SECTION 500 ---PIPELINE SYSTEM REHABILITATION 500-1 PIPELINE REHABILITATION 500-1.1.2 Submittals. Add to this section " Submit the following documentation of the Contractor's qualifications with the bid package: a. Documentation that the Contractor is certified and licensed for the CIPP lining process. b. Documentation that the Contractor has a minimum of 2 years installation experience and has installed a minimum of 5,000 lineal feet of CIPP liner using the Contractor's own forces. c. Documentation shall list agency, project name, date installed, agency contact person and phone number. d. Documentation that the onsite foreman who will perform the installation has a minimum of 2 -years of experience installing the bidder's liner product. e. Documentation of Contractor employees' cognizance and ability to comply with all Federal and State OSHA regulations regarding confined space entry. f. Company History stating years in service. 2. Low Bid Contractor shall submit the following documentation as part of the submittal package following award of the Contract by City Council: a. Submit shop drawings in accordance with the Standard Specifications, including points of insertion and methodologies. b. Submit documentation of resistance testing for the proposed felt and resin system in accordance with ASTM 1216 and/or D5813 or the Standard Specifications for Public Works Construction (latest edition). c. Submit documentation of design calculations and assumptions for thickness and hydraulic capacity in accordance with ASTM F1216 for fully deteriorated pipe, gravity flow. d. Submit liner size, liner and resin materials, and resin manufacturer's heating requirements. e. Submit manufacturer's installation instructions including recommendations for transportation, storage, temperature, control, handling, inserting, curing, trimming and finishing." 500-1.1.3 Cleaning and Preliminary Inspection. Add to this section "water shall be provided as defined in these Special Provisions, Section 7-8.5. Water used for flushing during the cleaning operations shall be piped or conveyed into the storm drain or sewer SP 20 OF 22 system. The water shall not be allowed to flow onto any portions of streets or pedestrian travel way." 500-1.1.4 Television Inspection. Add to this section "Any obstruction encountered that will prevent liner insertion shall be called to the attention of the Engineer. If the obstruction cannot be removed by conventional cleaning equipment, then the Contractor shall excavate to uncover and remove or repair the obstruction as defined in these Special Provisions, Section 500-1.2, Pipeline Point Repair. The presence of an obstruction shall be demonstrated to the Engineer at the site of each obstruction. Removal of such obstructions shall be authorized in writing by the Engineer. Obstructions may include, but not be limited to, offset or separated joints, protruding laterals or other such obstructions not shown on plans, or any sharp object which may damage the liner." 500-1.1.5 Miscellaneous, Access/insertion Pits. (c) Add to this section "Access pits excavated in paved streets shall be covered with steel plates until resurfacing has been completed. The steel plates may be removed during the work hours at locations where entry is required but shall be replaced at the end of the work day. The plates shall be of a type that will support all types of vehicular traffic at the work location; and shall be pinned down to prevent displacement of the plate by traffic vibration. The steel plate shall overlap the maximum dimensions of any excavation to provide a minimum of 12 -inches of bearing support between the pavement surface and the plate. To prevent inflow of surface water and excessive vibration, the Contractor shall place and maintain a berm of temporary resurfacing material, equal to the thickness of the steel plate, around the entire perimeter. The berms shall be maintained daily and a stockpile of temporary resurfacing material shall be available at the job site during the entire period that plates are in use. The installation of steel plates shall in no way relieve the Contractor from the responsibility of installing proper and adequate barricades and warning devices adjacent to and around the excavations." SP 21 OF 22 500-1.1.6 Warranty. Add the following section "The Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the Engineer and at no cost to the City, any and all defects, breaks, or failures of the work occurring within one year following the date of acceptance of the work due to faulty or inadequate materials or workmanship, and for damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor performing his duties and obligations under this contract. When such defects or damage occur, within the time period described herein before, in any part of the surface of subsurface work done under the contract, or in any adjacent surface or subsurface improvements not included in the work under the contract, the Contractor shall repair the same and the one year warranty period required shall, within relation to such required repair, be extended one year from the date of completion of such repair." 500-1.12 Pipeline Point Repair 500-1.2.1 General. Add to this section "The work of removal of each obstruction shall include, but not be limited to, pavement removal, excavation, cutting out and reinstallation of the pipe, bedding, backfill and restoration of permanent surface improvements and will be paid based on Contractor's bid on Item No. 12." 500-1.4 Cured -In -Place Pipe Liner (CIPP Liner) 500-1.4.1 General. Replace the first sentence of this section with "CIPP liner for the rehabilitation of pipelines shall use an approved thermosetting polyester resin, vinylester resin, or epoxy resin -impregnated flexible tube installed by an inversion method using a hydrostatic head." 500-1.4.2 Material Composition and Testing. Revise this section to delete the term "epoxy resin" and replace it with the term "polyester resin, vinylester resin or epoxy resin." 500-1.4.4 Chemical Resistance. Replace the first sentence of this section with "The CIPP liner system furnished shall include a polyester resin, vinylester resin or epoxy resin meeting the resistance test requirements of ASTM 1216 and /or D5813 or the Standard Specifications for Public Works Construction 2009. Proof of meeting these requirements shall be provided to the Engineer." State of California - The Resources Agency ARNOLD SCNWARZENEGGER, Commor DEPARTMENT OF FISH AND GAME http://www.dfg.ca.gov 4949 Viewridge Avenue San Diego, CA 92123 (858) 467-4201 September 28, 2005 City of Newport.Beach Attn: Steve Badum 3300 Newport Boulevard Newport Beach, CA 92658 Dear Mr. Badum: Enclosed is Streambed Alteration Agreement # 1600-2005-0562-R5 that authorizes work on the Upper Newport Bay.Bacic Bay Drive Maintenance project impacting San Diego Creek/Upper Newport Bay in Orange County. This action is authorized under Section 1600 of the Fish and Game Code and has been approved by the California Department of Fish and Game, Pursuant to the requirements of the California Environmental Quality Act (CEQA), the Department filed a Notice of Exemption (NOE) on the project on "I} :< Under CEQA regulations, the project has a 35 -day statute of limitations on court 6hallenges of the Department's approval under CEQA. The Department believes that the project fully meets the requirements of the Fish and Game Code and CEQA.. However, if court challenges on the NOE are received during the 35 -day period, then an additional review or even modification of the project may be required, If no comments are received during the 35 -day period, then any subsequent comments need not be responded to. This information is provided to you so that if you choose to undertake the project prior to the close of the 35 -day period, you do so with the knowledge that additional actions may be required based on the results of any court challenges that are filed during that period. Please contact Naeem Siddiqui at (562) 493-6897 if you have any questions regarding the Streambed Alteration Agreement. ' Sincerely, /`5" Michael J. Mulligan Deputy Regional Manager Enclosure cc: Naeem Siddiqui CALIFORNIA DEPARTMENT OF FISH AND GAME 4665 Lampson Avenue, Suite C Los Alamitos, California 90720 Notification No: 1600-15 5-0562-R5 Page 1 of 5 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish .and Game, hereinafter called the Department, and Steve Badum of City of Newport Beach 3300 Newport Blvd.: Newport Beach CA 92658. (949) 644-3311: (949) 644-3418, hereinafter called the Operator, is as WHEREAS, pursuant to Section 1602 of California Fish and Game Code, the Operator, on the le day of August, 2005, notified the Department that they intend to divert or obstruct the natural flow of, or change the bed,. channel, or bank of, or use material from the streambed(s) of, the following water(s) _San Diego Creek/Upper Newport Bay, Orange County, California, Section _ Township 6S Range 10W . WHEREAS, the Department has determined that such operations may substantially adversely affect those existing fish and wildlife resources within San Diego Creek/Upper Newport Bay, specifically identified as follows: birds: eiaooer rail. amat blue heron. common egret_ mallard duck. other waterfc THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specked above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent Code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. CALIFORNIA DEPARTMENT OF FISH AND GAME 4665 Lampson Avenue, Suite c Los Alamitos, Califomta 50720 Notification No: 1600-2005-05132-R5 Page 2 of 5 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 'Protect Description: 2, The Operator proposes to alter the streambed by performing maintenance that consists of removing cattails and sediments for the purpose of flood control for Back Bay Drive. The proposed alteration shall impact'/ acre of stream (2 feet wide x 9,400 feet long x 2 feet deep and an approximate 3 feet x 3 feet area in front of each of the 17 roadway culverts). All the work is in a narrow channel between the road and the slope, except for the proposed cleaning of the culverts, which are located on the bay side of the road. The Operator also proposes to remove sediment and fill in an approximate 115'x 100' area, impacting an additional 1,000 square feet on a one time basis. The project is located along Back Bay Drive, from San Joaquin Hills Road to East Bluff drive, in the City of Newport Beach. 3, The agreed worts includes actiVities associated with No_ 2 above. The project area is located in Ugger Newport Bay tributary to the Paco Ocean in Orange County. Specific work areas and mitigation measures are described onfin the plans and documents submitted by the Operator, and shall be implemented as proposed unless directed differently by this agreement. Biological Survevs and Time Restrictions - 'A'. No work shall be conducted from March 1 to August 311 5. It is understood that the Operator Intends to conduct this maintenance no more than once annually. Occasionally, one additional maintenance activity may be needed annually, but every maintenance event shall comply with the conditions of this Agreement. The Operator shall not work more than as described in this condition. 6. No herbicides shall be used. Im acts: — - _ 7. The Operator shall not impact more than V2 acre of stream (2 feet wide x 9,400 feet long and an approximate 3 feet x 3 feet area in front of each of the 17 culverts), and the additional 15'x 100' area. All the work shall be confined to the narrow channel between the road and the slope, except for the proposed cleaning of the culverts, and the 16'x 100' area, which are located on the bay side of the road. All impacts are temporary maintenance impacts and the habitat shall be allowed to reestablish every year so that there is bird nesting and foraging habitat during Spring and Summer. Mitigation: 8. Prior to impacts in the 15'x 100` area, the Operator shall submit a map to the Department identifying the spec location of the work. 9, All work on the bay -side of the road shall be done with hand tools only. No mechanized equipment shall be used in the, bay. The mechanized equipment may be used to reach over to the maintenance CALIFORNIA DEPARTMENT OF FISH AND GAME 4568 Lampson Avenue, Suite C Los Alamitos. Califamia 50720 Notification No:1600-2005-0552-R5 Page 3 of 5 area on the slope side of the road, but the vehicle(s) shall not be driven off the road. 10. Nc work shall not be done during high tide to avoid all impacts to claooer rail and other birds. Vegetation Rom ovaUHabitat Protection 11. The Operator shall remove exotic species within 10 feet of the work area, including clumps of pampas grass, and dispose of them properly off site and outside of any stream, lake or bay, or where it may be washed into a stream, lake or bay. 12. No impacts shall occur to willow trees or other native trees and shrubs. 13. The Operator shall avoid all impacts to any federally and/or state -listed threatened or endangered species, and to any state fully protected species, including clapper rail. 14. No direct or indirect impacts shall occur to any threatened or endangered species. If any threatened or endangered species could be impacted by the work proposed, the Operator shall obtain the required state and federal threatened and endangered species permits. 15. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. Ectuinment and Access: 16. No equipment shall be operated in ponded or flowing areas. 17_ Water containing mud, silt or other pollutants from project activities shall not be allowed to enter a flowing stream or placed in locations that may be subjected to high stone flows or tides. 18. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 19. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. _ 20. Staging/storage areas for equipment and materials shall be located outside of the stream. 21. Access to the work site shall be via existing roads and access ramps. Pollution, sedimentation and Littga 22. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 23. Spoil sites shall not be located within a stream, where spoil shall be washed back into a stream, or - where 4 will cover aquatic or riparian vegetation, 24. No debris, soil, sift, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated CALIFORNIA DEPARTMENT OF FISH AND GAME 4665 Lampson Avenue, Suite C Los Alamitos, California 90720 Notification No: 1600-2005-0562 R5 Page 4 of 5 activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. `25. No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow. Other. 26. The Operator may request one extension of this Agreement prior to its termination_ The Department may grant the extension up to five years unless it determines that the Agreement requires modification because the measures contained in the agreement no longer protect the fish and wildlife resources that the activity may substantially adversely affect. In the event the Department makes that determination, the Department shall propose measures intended to protect those resources. If the Operator disagrees with the Department's determination that the Agreement requires modification to protect fish and wildlife resources or with the measures proposed by the Department, the disagreement shall be resolved pursuant to the procedures described in subdivision (b) of Section 1603. The Department may not extend an agreement for more than five years. The original Agreement shalt remain in effect until the Department grants the extension request, or new measures are imposed to protect fish and wildlife resources by agreement or through the arbitration process, however, the original Agreement may not remain in effect for more than one year after Its expiration date. If the :Operator fails to submit a request to extend an agreement prior to its expiration, the Operator shall submit a new notification before commencing or continuing the activity covered by the Agreement. Any activities conducted under an expired agreement constitute a violation of Fish and Game Code Section 1600 et seq. 'rhe extension request• and fees shall be submitted to the Department's Region 5 Office Streembed Team at 4949 Viewridge Avenue, San Diego, California 92123, if the Operator fails to request the extension prior to the agreement's tennlnation then the Operator shall submit a new notification with fees and required information to the Department. Any activity conducted under an expired agreement is a. violation of Fish and Game Code Section 1600 et seq. 27. The Operator shalt provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand, 28. The Departfnent reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement. 29, The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 4949 \11ewridge Avenue, San Diego, California 92123, Attn: Naeem Siddiqui, ES. SAA# 1600-2005-0562-R5 30. It is understood the Department has entered into this S.treambed Alteration Agreement for Purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and Is not required by this agreement. It is further agreed all liability and/or incurred cost related to or arising out of the Operator's project and the fish and wildlife. protective conditions of this agreement, remain the sole responsibility of the Operator_ The Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim made by any party or parties for personal injury or any other damages. CALIFORNIA DEPARTMWT OF F119H AND GAME 4665 Lempson Avenue, Sufte C Los Alamitos, California go720 i Notification No:1600-200 Sg2_R5 j Page.5 of 5 31. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following; a. The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preparing the terms and conditions of the Agreement; c. The project or project activities as described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department determines that Project activities VAR result in a substantial adverse effect on the environment. 32. Before any suspension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) working days from the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification, During the seven (7) day response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the speed activities until that time when the Department notifies the Operator in writing that adequate methods and/or measures have been Identified and agreed upon to mitigate or eliminate the Significant adverse effect. CONCURRENCE (Operator's �� CAL NIA DEPT. OF FISH AND GALIE C(sr tur (date) (signature) (date) �r a�r� arra fir! « �60A:� tae Michael J. Mull!-gan. Deputy Regional Manager Tyne or print name and title Prepared by: Na -earn Siddigrii, Environmental Scientist- QaLff Pm' 5cS2.d... - Awn DEPARTMENT OF FISH AND GAMFE JOHN McCAMMAN, Difoacii South Coast Re0on r 494; Viexndge Ave rr,.* Son Diego, DA 9 123 (858) 467-4201 01 December 2, 2010 Mr. James Auger City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport teach; CA 92658 Subject: Extension of Lake or Strearmbed Alteration Agreement Notification No, 600 -2005 -0552 -RS Upper Newport Bay Back Bay Drive* Maintenance Project Dear Mr. James Anger: The Department of Fish and (lanae (Department) received your request to extend take or Strearnbe d Alteration Agreement (Aggfeerne:nt) and extension fee, for the above referenced agreement. The Department hereby grants your request to extend the Acgreeirre€at froirr De e vita er 31, 2010 to Decerrtatae>r 1, 0 i5. Ali other conditions in tile;* original Agree*trne;nt re rn ain in effect. Copies of the: ortrginat Agreement and this letter must be readily available at project etorksites and must be presented when requested by a Department representative or other agency with inspection authority. If you have any questions regarding this matter, please contact naea at (f 58) 467-2717 or rbzirabe@dfq.ca.gov. Sincerely, Russell Barabe Environmental Scientist (;''trrrserving C 14"foritia `Cf'dd[[I� Since 1870 CITY OF F NEWPORT REACH City Council Staff Report October 14, 2014 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Peter Tauscher, Civil Engineer PHONE: (949) 644-3316 TITLE: Back Bay Drive Storm Drain Rehabilitation Project - Award of Contract No. 5284 (CAP15-0038) ABSTRACT: Staff has received favorable bids for the Back Bay Drive Storm Drain Rehabilitation Project and is requesting City Council approval to award the construction contract to Burtech Pipeline, Inc. of Encinitas, California. RECOMMENDATION: a) Approve the project plans and specifications; b) Award Contract No. 5284 to Burtech Pipeline, Inc. (Burtech) for the total bid price of $426,518.00, and authorize the Mayor and the City Clerk to execute the contract; c) Establish an amount of $64,000.00, approximately 15 percent, to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 15BA-016 transferring $370,000 from 7231-C2502009 (Tidegate Retrofit and Upgrade) to 7231-C2502014 (Storm Drain System Repairs). FUNDING REQUIREMENTS: Sufficient funding for the award of this contract is available. The following funds will be expensed Account Description Account Number Amount General Fund 7012-C2502014 $ 135,078.00 Tide and Submerged Lands 7231-C2502014 $ 355,440.00 Total: $ 490,518.00 7-1 Proposed uses are as follows: Vendor Burtech Pipeline, Inc. Burtech Pipeline, Inc. DISCUSSION: Purpose Construction Contract Construction Contingency Total: Amount $ 426,518.00 $ 64,000.00 $ 490,518.00 At 10:00 A.M. on September 24, 2014, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Burtech Pipeline, Inc. 2. Sancon Engineering, Inc 3. Southwest Pipeline & Trenchless Corp. $ 426,518.00 $ 466,775.00 $ 578,850.00 The low bidder, Burtech, possesses a valid and current California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies including the City of San Diego and County of Los Angeles. Burtech's total bid amount is approximately 18 percent below the Engineer's Estimate of $520,000. The work necessary for the completion of this contract consists of inspecting and videotaping storm drain lines; installing cured -in-place lining within existing storm drains; repairing pipe sections; installing a manhole access to a junction structure; pruning and removing debris, plants and trees; and replacing a storm drain trash rack. The work will occur along Back Bay Drive and Bayview Way. Pursuant to the Contract Specifications, the Contractor will have 40 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302(c) (Construction resulting in no expansion of facility capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Man Attachment B - Budget Amendment 7-2 CITY OF COSTA MESA JOHN WAYNE AIRPORT PROJECT LOCATIONS BACK BAY DRIVE STORM DRAIN REHABILITATION PROJECT LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5284 10/14/14 7-3 Attachment B City of Newport Beach NO. BA- 15BA-016 BUDGET AMENDMENT 2014-15 AMOUNT: $37o,aoo.o6 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Amount Description Debit Credit Description Description 7231 Tidelands -Capital C2502009 Tidegate Retrofit & Upgrade 7231 Tidelands -Capital C2502014 Storm Drain Systems, Repair & Slurry Seal Signed: � ,/.4 Financ ai I Approva : Finance Direcl�- Signed: Administrit'W Approval: City Manager- Signed: City Council Approval: City Clerk $370,000.00 $370,000.00 10-d-1 /-/ Date L01 1o1LL+ Date Date 7-4 CITY OF 1 NEWPORT BEACH City Council Staff Report April 22, 2014 Agenda Item No. 7. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeach.gov PREPARED BY: Peter Tauscher, Associate Civil Engineer PHONE: (949) 644-3316 TITLE: Storm Drain Rehabilitation Project— Reject All Bids for Contract No. 5284 (CAP13- 0009) ABSTRACT: Staff has now received three bids for the Storm Drain Rehabilitation Project, all bids being unexpectly higher them the project cost estimate. Staff believes the best course of action is to reject all bids, re -scope the project and re -advertise the project. RECOMMENDATION: a) Reject all bids received on March 27, 2014, for Contract No. 5284; and b) Direct staff to redefine the contract scope of work and re -advertise the project for bids. FUNDING REQUIREMENTS: No Fiscal Impact. DISCUSSION: At 1:30 p.m. on March 27, 2014 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Insituform Technologies, LLC. $1,050,410.50 2 Sancon Technologies, Inc. $1,141,990.00 3 Southwest Pipeline & Trenchless Corp. $1,226,700.00 210 The low bidder's total bid amount is 44 percent above the Engineer's Estimate of $730,000.00. All three bidding contractors specialize in re -lining existing pipes in place. After a review of the bids, it was apparent that the unit prices for these items seem comparable with the Engineer's Estimate. However, the additional non -lining work that was included in the contract which the specialty bidders might not be familiar with caused the bid amounts to become unproportionate. With the City Council's approval, staff intends to limit the project scope to specialty lining work and complete the other work under a separate contract with related bid items. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Map 211 CITY OF COSTA MESA VICTORIA S' PACIFIC OOFAN ... PROJECT LOCATIONS JOHN WAYNE AIRPORT STORM DRAIN REHABILITATION PROJECT LOCATION MAP CITY OF IRVINE A NTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5284 1 4/22/14