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Home My WebLink AboutC-5287 - Shorecliffs Road Catch Basin Modifications, Reef Point Parking Lot Biofiltration System and Los Trancos Creek MaintenanceCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC September 10, 2014 TED Enterprises, Inc. 555 N. EI Camino Real, A362 San Clemente, CA 92672 Subject: Shorecliff Road Catch Basin Modification, Reef Point Biofiltration System, Los Trancos Creek Maintenance — C-5287 Dear TED Enterprises, Inc.: On September 10, 2013 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 September 18, 2013. Reference No. 2013000541578. The Surety for the contract is Allegheny Casualty Company and the bond number is 0606892. Enclosed is the Faithful Performance Bond. Sincerely } L� 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 • www.newportbeachca.gov Pre ,i is for contract term and subject to adjustment based on final contract amount. City of Newport Beach Contract No. 6287 BOND NO. 0606892 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ - 4,625.00 being at the rete of $ 26.00/per for fist $1 n0hc, thousand of the Contract. price. 15.00/per M or ne.t$141,691 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to TED Enterprises, Inc., hereinafter designated as the "Principal', a contract for construction of SHORECLIFFS ROAD CATCH BASIN MODIFICATIONS, REEF POINT PARKING LOT BIOFILTRATION SYSTEM AND LOS TRANCOS CREEK MAINTENANCE, Contract No. 5287 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 5287 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Allegheny Casualty Company 'duly authorized to transact business under the laws of the State of Califomia as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty -One Thousand, Six Hundred Ninety -One and 001100 - Dollars ($241,691.00) 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 theirs, 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 fts 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 indemnity, defend, and save harmless the City of Newport Beach, its officers, ehhptoyees 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. 31 As a part of the obligation secured hereby, and in addition to the face amount specified in _ _-1 his Performance -Bond. there shall es be included costs and reasonable expensani ees _ __ reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terns of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and R does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instnun nt s beenly xecuted by the Principal and Surety above named, on the 15th day of nil 120P 3n ( / SOS v AL>f!Z TED Enterprises, Inc. (Principal) Allegheny Casualty Company Name of Surety 13400 Sabre Springs Pkwy., Ste. 245 San Diego, CA 92126 Address of Surety e5b.513.1795 Telephone Signature Michael R. Strahan, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 32 ACKNOWLEDGMENT ............................................................................... State of Californi County of /✓I�- lss. on 17 13 before me _ 1c� t--Q� Notary Public, personally appeared Sc e Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)( fare subscrib to the within instrument and acknowledged to thVshe/they executed the same ir_h 'Iherkheir authorized capacity(ies), and that by hi er7ttiAir 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.+�� L`r v�ti tic hv��ticcR��roar�la pY14 "Cfl�(9GECCUN7t' G) Signature �T^^ (seal) ............................................................................... OPTIONAL INFORMATION Date of Document Type or This 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 I COO _ President / Vice -President / Secretary I Treasurer Other. Other Information: Cin Thumbprint of Signer ❑ Check hero A no ttaanbpnM or fingerpdnt is available. 0 ADFA ''i % M INTERNATIONAL, FIDELITY INSURANII M RA I, CO PAW OMP ALLEGNENYcASUALTYt ANY ONE NEWARK CENTER, 20TH FLQOR�NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN SY.THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws, of the, State of. New Jersey, and ALLEGHENY CASUALTY COMPANY a Cc org=ed end i§xistlng under the laws of theStarte,of Pennsylvania, having their principal o d a in JOHN R QUALIN, JENNIFER PALMER, MICHAEL R. STRAHAN San Diego, CA. nd �Iac`iio awlu'atipmay's'llh' n In sture n o"Nory Instrument -a ins �ue a I F W A ME NYC SUXL w � d ther lin L9d M ip a axe 1 ANY n ecknowledo, by their rtularly alt W 0 This Power of Attomm is executed and me b ked a revo pursuant to and btyauthw%of the -Laws of INTERNATIONAL FIDELITY INSURANCE I COMPANY and ALLEG ENY CASUALTY C MPANY arid is granted under and authon of the 416wip,%resolution adopted b� the Board of Directors of INTERNATIONAL FIDELITY IiNSURANCE,COMPANY at a meeting dv he d on the 20th day of July, 20 and by ft Board o Directors of ALLE45HENY CASUALTY COMPAW at a meefing duly held on the 15th day ofAugust, WO: TESOLVED that (1)'the President, VicoPresident orSecretaryof theCor rationshall havethe 0 er to appoint. -and to revoke . th; appointrn I ants of. it . po 0 x1authori as defined or limited in their respective powers o a and toexecute on behalf o #is Corporation meys-in-Aact, or agents fpatwtI and affix the C®rporation's I= Cr(70,'99nds, undl rtakings, recognizances, contracts of indenini a=nde.rwdften an I 0� "co n It Ip� d sc� as W" is 0 1 b; nim 0 C th r ev a P oven ta bane ke ed 0 eto, a rp al W W if 0 80 atiorn at a a laci 7� j lisuch 0 ar a the n an n a nd of 0 � @2 r no ty y 0 W 6 in n er a t � ati t1l n re ther or the U ngin I n r n 0 sys'n ot n eN cu a ver" a 0 an "N rb ; ffi, Im 0 " amn I� w " bi g on in a a r r I cre �a a 0 rucess, ndA ratil n d h 'e�araafia op b on the as a s� tu a u y x po Me rce a 'ff ou md nd d "g u r b an b orpota m a a otasith gh man a IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY'lhave each executed, and, attested these presents on this 112th day of March. 2012. y STATE OF NEW JERS EY AL, County of Essex 104 19,36 ROBERT W. MINSTER Executive \Ace President/Chief erating Officer (Internationa 09mpany) Vel and President (Alle�heny Casualty Company) On this 12th day of March 2012, beforerne came the individual who executed the preceding Instrument iome personally known, and, being by me duty sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY NSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ' that the seals affixed to said Instrument are the Corporate Seals of,said Companies , that the said Corporate Seals and his slanature were ACKNOWLEDGMENT State of California County of San Diego ) On April 15th, 2013 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the personA whose name �s bscribed to'thewithin instrument and acknowled ed to me that(�'/shemay executed the same in i herltheic authorized capacity(ies), and that b hi signature(4 on the instrument the personlgj 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 m hand and official seat _ _ g Y � E. isBs. iSTRAHAN 622Commn # 1893 ap Nataiy Public - Ca,itornia z ftvE`er„ " San Diego County My Comm Expires Jun 25, 2014 Signature (Seal) CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 26, 2013 TED Enterprises, Inc. 555 N. El Camino Real, A362 San Clemente, CA 92672 Subject: Shorecliff Road Catch Basin Modification, Reef Point Biofiltration System, Los Trancos Creek Maintenance - C-5287 Dear TED Enterprises, Inc.: On September 10, 2013, 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 September 18, 2013, Reference No. 2013000541578. The Surety for the bond is Allegheny Casualty Company and the bond number is 0606892. Enclosed is the Labor & Materials Payment Bond. Leilani I. Brown, MMC City Clerk Enclosure Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • urwcv.newportbeachca.gov F Jm included in Perlormence Bond. City of Newoort Beach Contract No. 8287 BOND NO. 0606892 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Co nd of the City of Newport Beach, State of California, by motion adopted, has awarded to TED Enterprises, Inc., hereinafter designated as the "Principal; a contract for construction of SHORECLIFFS ROAD CATCH BASIN MODIFICATIONS, REEF POINT PARKING LOT BIOFILTRATION SYSTEM AND LOS TRANCOS CREEK MAINTENANCE, Contract Na, 5287 in the City of Newport Beach, in strict conformity with the plans, dravvir s^ speeifxations and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 5287 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principars 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 exlent hereinafter set forth: NOW, THEREFORE, we the undersigned Principal, arc, Allegheny Casualty Company duly authorized to transact business under the laws of the State of California, as Surety, (refaced to herein as `Surety') are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty -One Thousand, Six Hundred Ninety -One and 001100 Dollars ($241,691.00) lawful money of the United States of America, said sun being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment wall and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, pointy and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principals subcontractors, fail to pay for any materials, provisions, or otter 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 Pnrt al and subcontractors pursuarl 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, M 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 3250 of the Civil Code of the State of California. 355 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fits claims under Section 3191 of the California Civil Code so as to give a right of adicn to them or thea assigns in any suit brought upon Ns Bard, as required by acrd in accordance with the provisions of Sections 3247 at. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to ft tetra of the Contract or to the work or to the specifications, In the event that any prindpal 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. II IN WITNESS WHEREOF, this instrument has been du exec ad by the above named Principal and Surety, on the 45th day of r�prn 29 3. OE VAL D EF, TED Enterprises, Inc. (Prinaipaq AutlWdzed Signature(Title Allegheny Casualty Company ��— Name of Surety Authorized Agent Slgnah" 13494 Sabre Springs Pkwy., Ste. 245 San Diego, CA 92128 Michael R. Strahan, Attorney -in -Fact Address of Surety Print Name and Title 858.513.1795 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ACKNOWLEDGMENT •..........4..................................................................... State of California County of C/r� Q ) ss. On 'Al t --a 13 before�e Notary Public, personally appeared_ j ue" 1 rk e z.. proved to me on the basis of satisfactory evidence to be the person s) whose name(slot fare s to the within instrument and acknowledged k me tient shelthey executed the same in 'slherttheir authorized capacity(tes), and that bytsther " signatures(s) on the instrume he person(s), or the entity upon behalf of which Ifie 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 Ri.,sc LES m � �, �'-� C(iMM,9976074 �c�sft , - i ms=�- NOTt;flYPUSUGCA iFORNIA � �. OflAPt{:ECOUNTY _ ��"' My Tsrm Erp. AprEi 23, 2Sit8 Svignature taedl ............................................................................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Slow. Trustee Power of Attorney —CEOICFOICOO — President J Vice -President I Secretary i Treasurer Other' Other Information 37 Thumbprint of Signer Q ct,x*nuea a fingeryNe Y wallabla" adnowtedgei This Power t COMPANY ai of [NTERNA- CASOALTY{ "RESOLVED Attorneys -in -f andeater theere! Cesst, aid., orporation a r izance he�.reofareor and binding.ul IN WITNESS attested these i 1 + Y irder of tpe Boards of. Directors of said Companies; •. IN TESTIMONY WHEREOF, I have hereun'set myhand a at the City of Newark, New Jersey the day and year first ahov ,x+�«.,,,�. '�, A NOTARY PUBLIC'OF NEW JEF • My Commission Expires Mar. 27, CERTIFICATION w in fult force and effect ACKNOWLEDGMENT State of California County of San Diego On April 15th, 2013 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the personpi whose name s bscribed to the within instrument and acknowled ed to me tha&sbelthey executed the same in authorized capaclty(ias), and that b hi . signaturew on the instrument the personK, or the entity upon behalf of which the person ,W 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 my hand and official seal. E. e STRAHAN Commission # 18 33822 c a" Notary z ins San Diego County Signature (Seal) My Comm. Exp. es Jun 25, 2074 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111�11 IIII1111111111I.111111II111[III11!11X111N0FEE *$ R 0 0 0 6 1 9 8 7 5 4$* 2013000541578 11:28 am 09/18113 47 422 N 12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ECEIVI-NI.-A .1.. "Exempt from recording fees pursuant to Government Code Section 27383" SEP 2 7 2013 K, NOTICE OF COMPLETION ® It I BY: jm NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and TED Enterprises, Inc. of San Clemente, CA, as Contractor, entered into a Contract on April 9, 2013. Said Contract set forth certain improvements, as follows: Shorecliff Road Catch Basin Modification, Reef Point Biofiltration System, Los Trancos Creek Maintenance (C-5287) Work on said Contract was completed, and was found to be acceptable on September 10, 2013, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Allegheny Casualty Company. Public Works irector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on S rn�( )1 p2 3 at Newport Beach, California. i BY City Clerk %- , OWYK--- i RN �Q1P 0 1W OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC September 11, 2013 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • Shorecliff Road Catch Basin Modification, Reef Point Biofiltration System, Los Trancos Creek Maintenance (Contract No. 5287) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3 Airitin�ar 1 a • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov 0 4 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 TED Enterprises, Inc. of San Clemente, CA, as Contractor, entered into a Contract on April 9, 2013, Said Contract set forth certain improvements, as follows: Shorecliff Road Catch Basin Modification, Reef Point Biofiltration System, Los Trancos Creek Maintenance (C-5287) Work on said Contract was completed, and was found to be acceptable on September 10, 2013, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Allegheny Casualty Company. I City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. (gyp i n Executed on J �i'Jtm� �_,,, 0��1� at Newport Beach, California. —CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 8 September 10, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Bob Stein, AssistanliCity Engineer APPROVED: TITLE: ShoWcliff Road Catch Basin Modification, Reef Point Biofiltration System, Los Trancos Creek Maintenance — Notice of Completion of Contract 5287 ABSTRACT: On April 9, 2013, City Council awarded Contract No. 5287, Shorecliff Road Catch Basin Modification, Reef Point Biofiltration System, Los Trancos Creek Maintenance to Ted Enterprises, Inc. for a total contract cost of $265,691.00 plus a 10% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 2. 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. 3. 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 accounts: Account Description Account Number Amount Newport Coast ASBS Protection Program 7255-C5002006 229,500.00 Newport Coast ASBS Protection Program 7014-C5002006 27,442.50 Total: $256,942.50 1 of 6 Shorecliff Road Catch Basin Modification, Reef Point Biofiltration System, Los Trancos Creek Maintenance — Notice of Completion of Contract 5287 September 10, 2013 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Awarded Final Cost at Contingency Actual % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $241,691.00 $256,942.50 10% or less +6.3% 6.3% 0.0% Allowed Contract Time (days) 50 Actual Time 0 Under(-) or Over (+) The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $241,691.00 Actual cost of bid items constructed: $249,142.50 Total change orders: Final contract cost: $ 7,800.00 $256,942.50 The work necessary for completion of this water quality improvement contract consisted of constructing a catch basin biofiltration screen and infiltration gallery at the Shorecliff Road site, constructing three infiltration galleries at the Reef Point site, and refurbishing and replanting the ponds at the mouth of Los Trancos Creek. The final construction contract cost was approximately 6.3 percent above the original bid amount. Approximately half the additional cost was associated with slightly higher quantities of bid items, while the other half was due to minor changes made to facilitate construction. A summary of the project schedule is as follows: Estimated Completion Date per 2012 Baseline Schedule August 8, 2013 Project Awarded for Construction April 9, 2013 Contract Completion Date with Approved Extensions July 3, 2013 Actual Substantial Construction Completion Date July 3, 2013 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (minor alteration of existing public structures, facilities or topography involving negligible expansion of use). This exemption covers the minor 2 of Shorecliff Road Catch Basin Modification, Reef Point Biofiltration System, Los Trancos Creek Maintenance — Notice of Completion of Contract 5287 September 10, 2013 Page 3 alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: David J,/e- bb Public Works Director Attachment: A. Project Location Map 3 of ATTACHMENT A 4 of 4- -A 0 -AO 9� n PROJECT LOCATION ROAD o= v2� CVFF I I I I I I I ORE�'�\FF ROAD I I SN PROJECT LOCATION ISI I2I I Ld Iwl Itz IMI ISI — I I /TRACT BOUNDARY / PACIFIC OCEAN C-5287 LOCATION MAP �e 6 *> CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS DATE: 03/20/13 SHORECLIFF ROAD CATCH -' 3300 NEWPORT BEACH BLVD. SCALE: N.T.S. BASIN MODIFICATIONS PROJECT p NEWPORT BEACH, CA 92663 SHEET 1 OF 1 4 of ATTACHMENT A 5 of \ RIGHT-OF-WAY (TYP.) AsTgrsrq� \ � q��tiOAq k GF \ CRYSTAL COVE gfFq D \ PROMENADE T CogST 4eo\ yiCy�gr Q�� C) O PROJECT LOCATION 0 1'o�Th CO qS ryCyx qr � C,pr OASlgjSTgC CRYSTAL COVE gP�//Io -%P, to STATE PARK gPFq C-5287 LOCATION MAP o;^�°"O> ._ CITY OF NEWPORT BEACH OF PUBLIC WORKS i 3300 NEWPORT BEACH BLVD. , ' NEWPORT BEACH, CA 92663 u:nn DATE: 03/20/13DEPARTMENT REEF POINT PARKING LOI- BIOFILTRATION SYSTEM PROJECT SCALE: N.T.S. SHEET 1 OF 1 5 of C-5287 ATTACHMENT A oy 1 ` CRYSTAL COVE \ STATE PARK ` PUBLIC PARKING LOT rn C F�rT C o X�\ IN iC 0.3 MILES "' TO SITE CRYSTAL COVE MA nccEsS " = STATE PARI( p ROAD / �\ 0.3 MILES \ V \ Af TO HIGHWAY A TV R A ACCESS ROAD y I, CRYSTALCOVE \ m STATE PARK \ m IGHT\ fb N \. no �(TYP.) OF -WAY Ovo V (TYP.) O ROAD \ \ r o a \ 9 \ no 9 PROJECT ❑ \ �y \ LOCATION T \ \ COTTAGE (TYP.) O \ ` O \ �C CRYSTAL COVE OCN, 9 STATE PARK � \ ti LOCATION MAP DATE: 03/20/13 LOS TRANCOS CREEK SCALE: N.T.S. MAINTENANCE PROJECT SHEET 1 OF 1 CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS 3300 NEWPORT BEACH BLVD. NEWPORT BEACH, CA 92663 6 of CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10 AM on the 19th day of March, 2013, at which time such bids shall be opened and read for SHORECLIFFS ROAD CATCH BASIN MODIFICATIONS Title of Project Contract No. 5287 $ 250,000.00 Engineer's Estimate Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project. "A" Please note: A Non -Mandatory Pre -Bid Meeting will be held at 11:00 AM on Wednesday, March 6, 2013 in the Fire Conference Room located at 3300 Newport Boulevard, Newport Beach, CA 92663 For further information, call Robert Stein, Project Manager at (949) 644-3322 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach .0 - • Ma IN 9 1*] III • go I an im reTswai Contract No. 5287 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT................................................................................................................... 22 FAITHFUL PERFORMANCE BOND.............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................35 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 - I L1 III a ail 21 F.41 0• • • • - r 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 3 money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, 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. ?Y93 97 Af 13 Contractor's License No. & Classification Bidder A ori ed SignatureiTitl Date 0 ♦N 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 total amount bid ----------------------------- Dollars ($ 10% 1, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SHORECLIFFS ROAD CATCH BASIN MODIFICATIONS, REEF POINT PARKING LOT BIOFILTRATION SYSTEM AND LOS TRANCOS CREEK MAINTENANCE, Contract No. 5287 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. N Witness our hands this 18th day of Ted Enterprises, Inc. Name of Contractor (Principal) Allegheny Casualty Company Name of Surety 13400 Sabre Springs Parkway, Ste 245 San Diego, CA 92128 Address of Surety 858-538-8822 Telephone 2013. 4. Authbrized Signature/Title ra �. Authorized Agent Signature Michael R. Strahan, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Pf°Iftglp- & $Ut'e -must be attached) 5 KNOW. ALL. MEN. I the laws of the. St Pennsylvania,Shavir JOHN R, QUA Sad Diego, CA, their. true and lawful and: other wrifingso and the execution COMPANY and Al acknowledged by tr This Power of Aflr COMPANY and ALI of INTERNATIONF CASUALTY COMP: "RESOLVED that Attorneys-in-Oacf c and affix the Corpo related thereto; an. process, and Attorn oCorporation and the r nizance, cont heretofore or hereal and binding upon:th IN WITNESS WHf attested these press t I �E i On this 12th day swom, said he: is COMPANY; :that t duly affixed by orde pl`6iyylita O 4+H`FrrFN 1, the undersigned c compared the foreg Power of Attorney, of the said originals IN TESTIMONY W ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 :SE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing. LIN, JENNIFER PALMER, MICHAEL R. STRAHAN N1fWr4UQj' w1u, LIM ba"M julu. GIIU GUwU' GJ {IIVUIJu mG114tlOy a EOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGE s on this 12th day of. March, 2012. STATE OF NEW JERSEY County of Essex r'�+w ROBERT W. Mill Executive. Vice President/Cl (International Fidelity Insure and President (Allegheny C )f the Boards of Directors of said Companies and all bonds and undertakings, contracts of indemnity by law;: statute, rule reegqulafion, contract or otherwise m the said INTERNATIONAL FIDELITY INSURANCL rposes;as if the same had been adbeen duty executed and -Laws of INTERNATIONAL ELITY NCE fo DHowiggesolthaa theBoofGNresolution ALLEY Atwar to appoint, and to revoke the appointments of, attorney, and to execute on behalf of the Corporation and other written obii8ations in the nature thereof or I s ofjoint-control custodians, a ants for acoeptanre of >ration; and t3) the signature of any such Officer of the ration given for the execution of any bond, undertaking, eto, such signature and seals when so used whether car andthe original sea] of the Corporation, to be valid ENY CASUALTY COMPANY have each executed and �fsuaLry 9935 ISTER iefO erating Officer N4 Ice Company)ifL`f 3sualty Company) iment, to me personally known, and, being by me duly 3URANCE COMPANY and ALLEGHENY CASUALTY that. the said Corporate Seals and his signature were IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written, p 1 YgA NOTARY PUBLIC OF NEW JERSEY s} , IMy Commission Expires Mar. 27, 2014 44'Z Ir""' CERTIFICATION`. car of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have ill copyof the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth :in>said ith the originals on filein the homeoffice of said companies, and that the same are correct transcripts thereof, and of the whole nd that the said Power of Attorney has not been revoked and is now in full force and effect. � EREOF, I have hereunto set my hand this day of i"`-%~� =r-3-,L`/� ✓"/',. State of California County of San Diego On March 18th, 2013 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the personal whose name s1 bscnbed to the within instrument and acknowledged to me tha&shaAhey executed the same in lbiauthorized capacity(ies), and that b hi ' signature(pl on the instrument the personK, or the entity upon behalf of which the personX 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 officLsal. .A E, STRAHAN COMMi cion #'C33fi22 Notary Db, G al}'b Cnta z San Diego Comfy A "h Comm. E: —es Jun 25, ZC34 Signature (Seal) }IIY{1NNftfl S!NH 116#hd!YY ti i%fl 419 p3gy{Y Ai8A4'EtY ttR SILE Gli§I kiLiifi$gp1913llfl tib pYAliYitlii HYiNY. pi ,pMla4 W9Al l}Si la'.Si&iib Y:il State of California County of� On v _ I 3z t'before meNbtary Public, personally appred n _ ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(jyare subscribed to the within instrument and acknowledged to me that/ -elshe/they executed the same in ai /her/their quthcrized capaciiy(ies), and that by # lherjtF it signatures(s) on the instrument the person(s), or the entity upon behalf of which t e person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Mate of California that the foregoing paragraph is true and correct, X'F 6. .,i 3 �La RE WITNESS my hand and official seal, iNIS UQry 4CNN 17Y ta Signature— ea6e dBiR Petl Oeaan Rn9IDnRana 6aaS w.W&a#ID+Rncsa Wna A9d3mE ttMa#aspabRamP a$9/pog9Hp se nm saAa R? OPTIONAL INFORMATION a Bate of Oooumen# Thumbprint of Signer Type or Tale of Document Plumber of Pages ip Document Document In a Foreign Language Type of satisfactory Evidence: Personally Known with Paper Identification Paper identification Credible witnesses) .Check he -re 3# Capacity of Signer, na mu fiprint Trustee aurerprinx Rower of Attorney is available. CEO/CFO/COO President / Vice -President i Secretary I Treasurer {ether, Other Information: 6 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 taw. 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 °i° of Number Total Bid Name: AIA3iJ!ZC5 i mrtK qq Gc,4A� Address: Phone: Ciy(4 6,6L; q4� State Licensees Number: 7 LO 3 i L Name:` i Address �%� 7 ��/� ��}t�'r1.ItTr�r�, cA Gv�CfC Phone: � J i ' v ��_` i State License Number: I 1 Name: Address: Phone: State License Number: ,-1 MAINTENANCE Contract No. 5287 Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number Project Description Approximate Construction Dates: From T Agency Name Contact Person Telephone Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. M No. 2 Project Name/Number Project Description Approximate Construction Dates: From T Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. IM No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $, If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. t "`f idder M San Dieguito Water District January 2013 In Progress 160 Calle Magdelena Encinitas, CA 82024 Blair Knoll (760) 633 — 2793 Ashbury Street Water Main Improvement Proiect Description: New water main and AC Replacement Contract Amount: $91,640.00r {NF1 de's Chino Valley Unified School District December 2012 In Progress 5130 Riverside Drive Chino, CA 91710 Bill Childress (909) 628 — 1201 Chino High School Installation of Scoreboard # 11-12-03 Project Description: Install new concrete caisson and rebar and install new Scoreboard Contract Amount: $59,670.00 Carlsbad Unified School District November 2012 6225 EI Camino Real Carlsbad, CA 92008 Larry Leon (760) 331 - 5079 : Gafcon Carlsbad High School Signage & Fencing #1213-102 Proiect Description: New block columns, Fencing, concrete and marquee and ID signs. Contract Amount:$247,000 Completed City of San Clemente July 2012 910 Calle Negocio, Suite 100 San Clemente, CA 92673 Greg Deist, PE (949) 361 - 6154 s,, 67 Reservoir No.9 Drainage and Slope Repair Project Description: Repair slope and miscellaneous &crete and drainage Contract Amount: $69,152.00 Completed Riverside County Flood Control and Water Conservation District April 2012 1995 Market Street Riverside, CA 92501 Henry Olivo Engineering Project Manager (951) 955-1288 Montecito Ranch — Jameson Road Strom Drain Repair Contract Amount: $62,980.00 Completed City of Temecula March 2012 41000 Main Street Temecula, CA 92590 Steve Charette Associate Engineer (951) 506 — 5190 Citywide Storm Drain Improvements — Calle Fiesta Contract Amount: $145,595.00 Completed Saddleback Valley Unified School District June 2012 25631 Peter A. Hartman Way Mission Viejo, CA 92691 Jerry Rommel: Asst. Director of Maintenance 949-533-4234 Concrete Repair—Various Schools Contract Amount: $6,556.00 COMPLETED Encinitas Union School District December 2011 101 S. Rancho Santa Fe Road Encinitas, CA 92024-4349 Gerry Devitt Director of Project (760) 518 — 6890 Playground Removal and installation for Olivenhain Pioneer Elementary School Contract Amount: $34,200.00 COMPLETED County of Orange, California September 2011 PO Box 4048 Santa Ana, CA 92702 George Zahn Project Manager (714) 448- 6829 Jesse Caballero Inspector (714) 240 - 4372 Olive Heights Alley Improvements Project Description: New alley improvements Contract Amount: $294,000.000 COMPLETED City of Rancho Mirage, California July 2011 69-825 Highway 111 Rancho Mirage, CA 92270 Leland Cole Senior Civil Engineer (760) 770-3224 Monterey Ave. & Clancy Lane Intersection Improvements Project Description: Create Right Turn Lane Contract Amount: $179,600.00 COMPLETED City of Laguna Beach, California March 2011 505 Forest Avenue Laguna Beach, CA 92651 Mark Trestik Assistant City Engineer (949) 497 — 0300 ° a Dog Park Storm Drain Replacement f Proiect Description: Storm Drain Improvements Contract Amount: $66,773.00 COMPLETED h� Mitchell Residence January 2011 221 Avenida Cordoba, San Clemente CA Bruce Mitchell (949) 212- 1880 Proiect Description: Site concrete, masonry, pavers, irrigation and landscaping Contract Amount: $97,500.00 COMPLETED City of Palm Desert, California January 2011 City of Palm Desert 73-510 Waring Drive Palm Desert, CA 92260-2578 Ryan Gayner Project Manager, (760) 346 — 0611 Retention Basin Concrete Access Ramp Proiect Description: Excavation, concrete for new access ramp Contract Amount:$ 28,240.00 COMPLETED City of Chula Vista, California: January 2011 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Luis Labrada, P. E. (619) 476 — 2321 Robinhood Ranch Unit II Sewer Pump Station Improvements_ Phase 2 December 2010 Project Description: Site RCP Storm Pipe, concrete, catch Basins, block walls, Landscaping for existing pump station Contract Amount: $116,417.00 COMPLETED Dr. James Meeks October 2010 — December 2010 500 C Street Tustin, CA 92080 (949) 347 —2525 Project Description: Remodel of Historic Building for conversion to commercial office Contract Amount: $108,235.00 COMPLETED City of San Clemente, California: October 2010 — December 2010 City of San Clemente 910 Calle Negocio, Suite 100 San Clemente, CA 92673 Greg Deist, PE (949) 361 - 6154 Lower San Pablo PRS Rehabilitation Project Description : New water line with Pressure reducing station, Curb and Gutter sidewalk and AC replacement Contract Amount : $167,990.85 COMPLETED Joe Valdez 1205 Calle Toledo San Clemente 11m: (949) 361 -3065 Cell: (760) 802-3450 joev@ted-company.com SKILLS: Experienced in Public Works, Project manager, estimator, supervision Certified Airfield Driver Card: MCAS Miramar Knowledgeable of OSHA and CPR requirements and procedures Provided a leadership role in a team environment Excellent troubleshooting and problem solving skills Demonstrated ability to meet deadlines Knowledgeable in Blueprint and Spec reading and interpretation Knowledge of Microsoft Office, Talley Estimating System and Timberline Accounting System EMPLOYMENT: 03110 — present — Ted Enterprises Inc. Project Manager / Estimator • Start Up Company • Project Manager on New Projects • Estimating for New Projects • Supervise subcontractors • Implement job scheduling • New Projects $222,000.00 05/09 — 01/10 - TED Company Project Manager / Estimator Project Manager on New Projects • Estimating for New Projects • Close Out Projects • Supervise subcontractors • Implement job scheduling • Completed Projects $329,000.00 10/07 - 04/09 — Bonsall Construction • Project Manager • Estimating for New Projects • Close Out Projects • Supervise subcontractors • Implement job scheduling • Job Cost All Projects • Completed Projects Over $6,000,000.00 Started Bonsall Construction (Family Company ) In Pubic Works 08/05 - 09/07 - Romero General Construction Corp, Escondido, CA Precision Concrete, San Marcos, Ca. Pubic Works Division Head • Project Manager • Estimating for New Projects • Close Out Projects • Supervise subcontractors Job Cost Projects • Implementjob scheduling • Completed Projects Over $15,000,000.00 • Specialize Pubic Work School Bid Packages 02/01 - 07/05 - T.B. Penick and Sons, Inc., San Diego, CA Pubic Works/ Structural Concrete Division • Project Manager • Estimating for New Projects • Close Out Projects • Supervise subcontractors • Implement job scheduling • Job Cost All Projects • Completed Projects Over $15,000,000.00 a Year • Specialize Pubic Work School Bid Packages 01/95 - 01/01 - Wier Construction Inc. Escondido, CA • Project Manager • Estimating for New Projects • Close Out Projects • Supervise subcontractors • Implement job scheduling • Job Cost All Projects • Cal Trans And Pubic Works 08/83 - 10/94 — Carlsbad Concrete Co, • License Contractor #445644 B —C-8 References Available Upon Request ill •iqI I I•! i f • Mal ' • • • � IMIXONG �Wmlggffi NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of °°� ) �L V,czD0�Z- bein first do sworn, deposes and says that he or she is fl of W6 6iN1Z' eS 2`.� , the party making the foregoin 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 Ate of California that the foregoing is true and correct. Bidder A orized Sign re/Title —' Subscribed an or to (or affirmed) befo on this�day of e 12013 bye VA2el , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. 13 the laws of'i the State f California that the Notary blit My Commission Expires: /`2 ° 41/� CI $ :'.1. Imm ♦. . .1 •ld -.1 ma I a V. -III I e In I UTM I U-3 ., F. DESIGNATION OF SURETIES 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): MA /9 M 14 . .14:11MIX11 LIN 9:4,11MIM • - Contract No. 5287 KOMIMPM N I VIM 0 rM U- •, Bidders Name ��d L 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 Yearof for for for for for Record 2012 2011 2010 2009 2008 Total 2013 No. of contracts �2 c r Total dollar Amount of Contracts (in 000�r 1060 Thousands of $ No. of fatalities No. of lost Workday Cases r No. of lost workday cases involving permanent transfer to another job or termination of em to ment 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 -/�51J X A c ��Z Business Address:,5�<-jv t- Clrin ac lac.. r✓436L ,S9w r'1�ane�1�e 7 Business Tel. No.: State Contractor's License No. and Classification: >� Title The above information was compiled from th6 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. 0. TED ENTERPRISES INC MINUTES OF BOARD OF DIRECOTR MEETING Annual meeting of the Board of Directors of Ted Enterprises Inc., a California Corporation, was held at 1205 Calle Toledo, San Clemente, CA on October 12, 2011 Kelley Holt President - Secretary —Treasurer Joe Valdez Vice President Constituting all of the members of the board of directors was present at the time of the meeting. No new motions presented but to maintain company directives to read as follows: Ice Valdez, Vice -President / Senior project manager has authority to sign all contractual documents and bids for the corporation, and therefore has the authority to obligate the corporation in contractual matters. The undersigned, Kelley Holt, Secretary, certified that Joe Valdez is the duly appointed Vide President of Ted Enterprises, Inc, and that the above is a true and correct copy of the resolution previously adopted. This meeting of bylaws and restated of said corporation on October 12, 2011. 1 have affoced my name as secretary of the corporation, and have attached the seal of Ted Enterprises Inc. to this meeting. Date: October 112011 a Kelley Holt Secretary State of California County of Orange On ! i before me, Pick Lee, Notary Public (Here insert name and title of the officer) personally appeared " / I � 11 1112- i 1 - who proved to me on the basis of satisfactory evidence to be the person(s) whose name . subscribed to the within instrument and acknowledged to me that he s�fh they executed the same in 1fis authorized capacity(-ies} and that by his e�iheir signature(s) on the instrument the person(s), or the enity 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. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or d scnpuon of attac it document) (Ude or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) FflCK LEE Corporate Officer WI"TNESS my hand and official seal. ❑ ..r Wp Attorney -in -Fact N}JTIMIr. 21p. A�id 21 2ClJ 9 Trustee(s) (Notary Seat) Signature of Notary -Public DESCRIPTION OF THE ATTACHED DOCUMENT (Title or d scnpuon of attac it document) (Ude or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other _ 2008 Version CAPAvl2.10.07800-873-9865 www.NotaryClasses.eom INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknmvledgment form must be properly completed and attached to that document The only exception is ff a document is to be recorded outside of California. In such instances any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer)_ Please check the document carefully for proper notarial wording and attach this form f required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public most print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e, he/she/they;- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document State of County of ti On fig, c3o f 3 Dake personally appeared �, before me, and who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)&s/are subscribed to the within instrument and acknowledged to me that she/they executed the same in &/her(their authorized capacity(ies), and that by (G/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 �El@EV �. M L . g g COMMwi t y t paragraph is true and correct. WITNESS myhand d official s I. Signature: Placa Notary Seal Above Signature of Notary Public it®NAL. ( 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 currtera / Title or Type of Document: _ - 0 'yEcfd ceteX- Document Date: _L—fAKRI (-V.-4_7L 3 Number of Pages: Signer(s) Other ThanINamed Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: J Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): C] Individual ❑ Individual C Partner — ❑ Limited ❑ General Top of thumb here Partner — ❑ Limited C General Top of thumb here Attorney in Fact ❑ Attorney in Fact Trustee (_,Trustee El Guardian or Conservator ❑ Guardian or Conservator ❑ Other: _ ❑ Other: _.._.._ _. Signer Is Representing: Signer Is Representing O 2010 National Notary Association - NationaiNotary_org - 1 -800 -US NU I ANY (I JOU-6/6-6821) "am nbau, A V kilo IJCJI ELSIE] M2 In I FFTVI • 241IF-M-1 Makyj will' I am FORMIRTI • MAINTENANCE Contract No. 5287 Bidders name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. 17 Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Address: � � � A� A� 341"C Pmdr �Z LOL2 Telephone and Fax Number: w9-Y41--j6,i� 1--Ae4 � q- 30- ` Vo California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued:' /0 Expiration Date: 1 6 -- List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of '[f:3 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. 0 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 W* Are any claims or actions unresolved or outstanding? Yes / No 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. (Print nami6 of Owner or President of Corporation/Company) Bidder ?horized Sig turelTifle te Date On Y14Wtf i l before me, A _— Notary Public, personally appeare� L 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/shelthey executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand a�n d official seal. for said State My Commission Expires: RON Contract NO. 5287 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• s ENDORSEMENTS PERFORMANCE• LABOR AND MATERIALS PAYMENT BOND • FAITHFUL 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 Bests 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 •' + •� • 13:11 ' • • t CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this A day of 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City ("City") and TED ENTERPRISES, INC., a California corporation ("Contractor'), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: "This contract consists of three projects: 1) Shorecliffs Road Catch Basin Modifications, 2) Reef Point Parking Lot Biofiltration System, and 3) Los Trancos Creek Maintenance. The work necessary for the completion of the Shorecliffs Road Catch Basin Modifications includes furnishing and installing biomedia filter screens in an existing catch basin, excavating and installing an infiltration unit in-line with an existing storm drain and installing a segment of porous concrete sidewalk. The Reef Point Parking Lot Biofiltration System project located in a parking lot in Crystal Cove State Park, includes removing asphalt pavement and replacing it with an infiltration gallery, installing a modular wetland system, and excavating and refurbishing two parking lot islands to allow for infiltration. The Los Trancos Creek Maintenance project includes restoring a short reach of the creek near the outlet to the ocean through removal of dirt and invasive plants and installing rip -rap and native plants, The contract includes fabricating and installing recognition signage at each site." WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5287, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 22 B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Hundred Forty -One Thousand, Six Hundred Ninety -One and 00/100 Dollars ($241,691.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 at seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department PO Box 1768 Newport Beach, CA 92658 Attention: Robert Stein (949)644-3322 23 TED Enterprises, Inc. 555 N. EI Camino Real, A362 San Clemente, CA 92672 949-361-3065 949-369-9910 Fax F. INSURANCE REQUIREMENTS —CONSTRUCTION 1.1 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 Agreement, 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. 1.2 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. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident 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. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 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 insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services `ZI Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, 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. 1.3.4 Umbrella or Excess liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 1.3.5 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 the City with a copy of the policy. 25 L . Iif1EE:71fiT-T. .T.�S77lTl-T.1 �WIN M&IN 1 L L' ME VE a a S SL •L a - - s - a - L• L .ss a L Removalapproved L • • • ' on 1,4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement 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. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 0 1.4.4. Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 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. Insurance certificates and endorsement 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. 1.52 Citv'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 the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subagreements. 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. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 0 1.5.8 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.7 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 agreement, 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. 1.5.8 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 Agreement, 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. 1.5.9 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. 1.5.10 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent andlor willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents, 1. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. [SIGNATURES ON NEXT PAGE] 29 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM CITY OF NEWPORT BEACH OFFICE OF THF CITY ATTORNEY A California Municipal Corporation and City Date: and Chaor CIt, y Date: `� , By: 2 �W Aaron C. p Keith D. Curry City Attorney Mayor ATTEST: /� 3 TED ENTERPRI ES, INC. Date: ✓ I California corpor tion By: ! eilani I. Brown ( ' rpo ate Officer) City Clerk � Title: President/Secretary Print Name: Kelly Holt Date: �,5"' /3 \ o. By: 'Tor. Fin ncial Office Titl : V� e President Print Name: Joe Valdez/ Date: 30 Premium is for contract term and subject to adjustment based on final contract amount. City of Newport Beach Contract No. 5287 BONE? NO, 0606892 The premium charges on this Bond is $ - 4,625M being at the rate of $ 21; par M for ust 51 o0 thousand of the Contract price. 15, per M ar next 5141,691 WHEREAS, the City Council of the City of Newport Beach, State of Califo ma, by motion adopted, awarded to TED Enterprises, Inc., hereinafter designated as the 'Principal', a contract for construction of SHORECLIFFS ROAD CATCH BASIN MODIFICATIONS, REEF POINT PARKING LOT BIOFILTRATION SYSTEM AND LOS TRANCOS CREEK MAINTENANCE, Contract No. 8287 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference, WHEREAS, Principal has executed or is about to execute Contract No. 8287 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Allegheny Casualty Company , duty authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty -One Thousand, Six Hundred Ninety -One and 001100 Dollars ($241,$91.00) lawful money of Bre 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, fait 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 ds part, to be kept and performed at the time and in the manner therein specked, 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. 31 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formai acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shalt not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrum t s beenly xecuted by the Principal and Surety above named, on the 15th day of rid Igo f, d TED Enterprtses, Inc. (Principal) Allegheny Casualty Company Name of Surety 13400 Sabre Springs Pkwy., Ste. 245 San Diego, CA 92128 Address of Surety 8W513.1795 Telephone r� Michael R. Strahan, Attornetin-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 32 ACKNOWLEDGMENT ..............................................................................I State of Californi County of( 1 ss. On Lf"( t7 hS before me Notary Public, personally appeared : z.. c- 1,)� proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(yiare subscrib to the within instrument and acknowledged to m tha=sheRhey executed the same ir�hi3fhedtheir authorized capacity(ies), and that by histher ir 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 sea(. .. RICIV i 9; i? ff' A 0 e lF�"?R SA i r i Signature ............................................................................... tees!! 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 I Secretary / Treasurer Other: Other information: 94 Thumbprint of Signer ❑ Check here a M thunbpdrd w fitgettsurt is eveilabie. ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under.. ;.the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania,: having their .principal office in the City of Newark, New Jersey, do hereby constitute and appoint JOHN R. QUALIN, JENNIFER PALMER, MICHAEL R. STRAHAN San Diego, CA. their true and lawful attomey(syin-fact to execute, seal and deliver for and on its behalf as surely, any and all bonds and undertakings, contracts ofindemnity and other wrifinga obligatory In the nature thereof, which are or may be allowed, required or, permitted by law, statute, rule, reguiation, contract or otherwise, and the execution of such instrument(s in ursuance of these presents, shall.. be as binding upon thee. said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged. by their ryegularly elected officers at their. principal; offices. y authority y COMPANY and ALLEGHENY CASUALTY COMPArevoked, Y and is pursuant ranted undernand by autthoority of the olbwingsresolution adoptleOdNbyLtY Ie Boa d ofSDlr�rsE of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 20% and by the.. Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2002 'RESOLVED that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authorityy as defined or limited m their respective powers of attorneyy, and to ezecuia on behalf of the C0 rpora4on and affix the Corporations seal thereto, bonds, undertakings, recogmzances, contracts of mdemni andbther written obligations inthe nature thereof or related thereto; t and (2) an such Officers<of the Corporation may appoint and revoke the apppoointment ofjoint-control custodians, a ents for acceptance of process, and Attorneys -in -fact with authority to executewawers and consents on behaff of the.Corporabon;.and f3) fheaignature otgany such Otficer of the Corporation andrthe orporatlon's. seal may be affixed by facsimile to any power: of attorney or cern eatioo-given, or the execution ofany band, undertaking, recognizance contract of indemmN or 0tler written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter being herebby adopted by the Corporation as the original sinature of such officer and the original seal of the Corporation, to e ualid and bindingupon the Corporation wi the same force and effect as though manna y affixed." IN :WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March,. 2012. +�Ty STATE OF NEW JERSEYA gtstJAlpy County of Essex SEA 1936 .� ROBERT W. MINSTER 'v Executive vice President/ChiefO eratin Officer (International Fidelity Insurance Company) "4'NSYL4E` and President (Allegheny Casualty Company) On .this 12th day of March 2012, before me came the individual who executed the preceding: instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. kCj `'O rTA ,pw s A NOTARY PUBLIC OF NEW JERSEY sti + '• • �.� My Commission Expires Mar. 27, 2014 DR NEW J trrrrrEJ,rHurrj°5°°V CERTIFICATION 1, the undersigned officer of INTERNATIONAL FIDELITY' INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that :the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 1544k— day of U, U State of California County of San Diego On April 15th, 2013 before me, E.B. Strahan: Notary Public (insert name and title of the officer) personally appeared _ Michael R. Strahan who proved to me on the basis of satisfactory evidence to be the personA whose name �s bsc�ribed to the within instrument and acknowled ed to me thaf�stielYtaey executed the same in Xi authorized capacity(ies), and that b hi / signature(4 on the instrument the personK,, or the entity upon behalf of which the person ,K acted, executed the instnament. 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. ; A, 3x IBoi„p f,tblie - Ca Signature y (seal) v'wa ^+vws5='# R.Ry Comm.c« , o;'�s +�s',?'ll Premium Included in Performance Bond. Cityof Newport Beach Contract No. 5287 BOND NO, 26ossfl2 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to TED Enterprises, Inc., hereinafter designated as the "Principal," a contract for construction of SHORECLIFFS ROAD CATCH BASIN MODIFICATIONS, REEF POINT PARKING LOT BIOFILTRATION SYSTEM AND LOS TRANCOS CREEK MAINTENANCE, Contract No. 5287 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 5287 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, Atlegheny Casualty company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty -One Thousand, Six Hundred Ninety -One and 001100 Dollars ($241,891.00) lawful money of flat United States of America, said sum being equal to 100% of the estirnated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 35 The Bond shall inure to the benefa of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and if 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 Principal and Surety, on the 15th day of April moor. V AL D F TED Enterprises, Inc. (Principal) Allegheny Casualty Company Name of Surety 13400 Sabre Springs Pkwy., Ste, 245 San Otago, CA 92128 Address of Surety 858.513.1795 Telephone by the above named lent Sionature Michael R. Strahan, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 101 ACKNOWLEDGMENT .............................................................................. State of Calif o Is County of L".Jt U u_ } ss On i'3 _ before fine, y'; c c 4 <' Notary proved to me on the basis of satisfactory evidence to be the person s) whose name(s)L�Ware subscribed to the within instrument and acknowledged to me that - ` she/they executed the same in "erttheir authorized capacity(ies), and that byAiher eir signatures(s) on the instrume'nHhe person(s), or the entity upon behalf of which tTie 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. Date of Document Thumbprint of Signer Type or Title of Document RICK LEE WITNESS my hand and official seal.}( Document in a foreign Language ,(,i •,,d7(y, Type of Satisfactory Evidence: it`t��Ptid�i 7r M `�. itlr}GiE r Credible Witnesses) v My Tom Er, gyne .3 2Dt£� no thornbprim Trustee or fingerprint Signature is "aimbio, _ CEO/CFO/COO (wat7 •...........................................a.a. n... a........... n... a....... I.I 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 Witnesses) [) C€xeck here Capacity of Signer: no thornbprim Trustee or fingerprint Power of Attorney is "aimbio, _ CEO/CFO/COO President t Vice -President i Secretary i Treasurer Other: Other Information: 37 ALLtIUH1tNY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-520 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corpor the laws of the. State of New Jersey, .and ALLEGHENY CASUALTY COMPANY a corporation organized and exis Pennsylvania,; having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JOHN R. QUALIN, JENNIFER PALMER, MICHAEL R. STRAHAN San Diego, CA. their true and lawful attomey(s}in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and un and other writings obligatory in the nature thereof, which are or may be allowed, required or, permitted by law, statute rule and the execuwon of such instrument(s) m ursuance of these presents, shall be as binding upon the said INtERh COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the sai acknowledged by their ryegularly elected officerys at their: principal. offices, y authority y COMPANY aer nd ALLEGHENexecuted, CASUALTY COMPANY ands granted undeand nd by authority of the followaogsresolut n ar of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting du l held on the 20th day of July, 2070 and by the I CASUALTY' COMPANY at a meeting duly held on the 15th day of August, �o00: 'RESOLVED that (1) the President Vice President or Secretary of the Corporation shall have the power to appoint, ai Attorneys -in -Fact or afgents with ower and authority as defined or limited in their respective powers of attorney, and to exe .... .. ewer related th Pcess,< poratit recognizai heretofore and bindin IN -WITN attested On this 1 sworn, sa COMPAN duly affix 8 S � g 1, the under compared Power of of the said IN TESTI g upon me vorporauon wimp me. same force and effect as though manually affixed, - laws or me orate or afion`contract or otherwise NAL VIIDELITY tNSURANCL ad been duly executed and WAL FIDELITY INSURANCE 9by the Board of Directors of. Directors of ALLEGHENY revoke the appointments of, in behalf of the Corporation ons in the nature thereof or is, aggants for acceptance of ,e ofany such Officer of the o of any bond, undertaking, als when soused whether the Corporation, ; to be valid ESS.WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and'. these presents on this 12th day of March, 2012. �TY ` STATE OF NEW JERSEY G AZTY AIL County of Essex s� � �`}`.�' � 1936 � 4 :ROBERT W. MINSTER % Executive Yl F PretyInsuChief o&ompng Officer �vP (International Fidelity tnsurance Company) �uYL`tt` and President (Allegheny Casualty Company) 2th day of March 2012, before me came the individual who executed the preceding :instrument, to me personally known, and, being by me duly id he is the therein described and authorized officer of :INTERNATIONAL FIDELITY INSURANCE COMPANY and -ALLEGHENY .CASUALTY Y ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were ed by: order of the Boards of. Directors of said Companies,: IN TESTIMONY WHEREOF, i have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year f ist above written. VAZ y' 4 g A NOTARY PUBLIC OF NEW JERSEY ,4 ' a�4 My Commission Expires Mar. 27,.2014 b�xrr NN.EW *uq+' CERTIFICATION. signed officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have the foregoing copy. of the Power of Attorney and affidavit, and the copy of the -Sections of the By -Laws of said Companies, asset forth in. said Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole originals, and that the said Power of Attorney has not been revoked and is now in fol. force and effect. MONY WHEREOF, :I have hereunto set my hand this I �'�'L, day of aT1rLL,, LD B State of California County of San Diego _) On April 15th, 2013 _ before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared-. Michael R. Strahan _ who proved to me on the basis of satisfactory evidence to be the persona- whose name^ -is arW� s bscribed to the within instrument and acknowledged to me that(h�ishe/#hsy executed the same in ��r authorized capacity(les), and that b hi / ` signature(pf on the instrument the persons); 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 end correct. WITNESS my hand and official seal. Signature T�1 Ttir S�Rfi 41 Cna in +&33{;22 nrmisrnds � 18"j otavy Pubhc ' akfovnia Z San Diego ^onty t-4,+GCnt m.E p J-n!%r, 2014 (Seal) m r CITY OF i7BEACH W, HORECLIFF ROAD CATCH BASIN MODIFICATIONS, et al. CONTRACT NO. 5287 DATE: March 14, 2013 BY: Deputy Public Works Director/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Proposal Documents — all other conditions shall remain the same. ITEM NO. 1: Proposal — Item B10, Page 5 of 12, Contract Specifiations -- Delete this item. This is a duplicate bid item. The bid for "Excavating Soils" shall be made under Item B40. ITEM NO. 2: Special Provisions, Section 9-3 PAYMENT, 9-3.1 General, Page SP 19 of 30 — Delete Item No. B40 and replace with the following. 'Item No. B40 Excavate Soils/Minimize Load on Area: Work under this item shall include excavating and exporting existing soils beneath asphalt, concrete and where modular wetland system (MWS) and rock reservoir areproposed as shown on drawings. Excavated soild lobe used for backfill may be temporarily stored onsite with Engineer approval in a stockpile covered with visqueen and gravel sacks. All excavated soils shall be hauled off site and property disposed of unless the Engineer approves the material for Addendum No.1 backfill. Work Linder this item shall also include protect -in-place or retroing all existing improvements damage by the work, and all other work items as required for performing the work in place. Minimize load on bottom of rock reservoir excavated area to maintain permeability of soil. Bottom 6 inches of rock reservoir excavated area to be loosened and removed using rake and grab method instead of standard scoop method." Sheet 2 of the Shorecliff Road Catch Basin Modification (D-7371) Construction Drawings. Disregard the location of the 16 -foot temporary access easement shown on Lot 108, The correct location of the 16 -foot temporary entry easement is shown on the attachment on Lot 109 (157 Shorecliff Road). Bidders must sign this Addendum No. I and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. —IMtLf2?A,&L4j -e-I Bidder's Name (Pl6ase Print) Addendum No, I tIT.l,u OF N1 lNl'O�R f -IFA(' o — P SHORECLIFF ROAD CATCH BASIN MODIFICATIONS, et al, CONTRACT ��.5287 K ( DATE: March 18, 2013 Y: Deputy Public orks Director/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Proposal Documents — all other conditions shall remain the same. Special Provisions, Section 9-3 PAYMENT, 9®3.1 General, Mage SP 17 of 30, Bid Item No. B22 Modular Wetland System — Delete the second sentence that states that this item includes excavation and export of excavated material. Excavation and export for the Modular Wetland System are not included in Bid Item No, B22. Evacation and export for the Modular Wetland System shall be included in Bid Item No. B40 Excavate Soils/Minimize Load on Area (157 CY). 111 U1 4#11MV-41 r� �a Proposal.payment in my I Addendum No.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 5287 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 5287 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Shorecliff Road Catch Basin Modifications Al. Lump Sum Mobilization and Demobilization n @ Dollars and Cents $ C'% Per Lump Sum A2. Lump Sum Traffic Control @r Dollars and { Cents Per Lump Sum A3. Lump Sum Surveying Services „fir rn�,�rP'rff�ID�x' /7C��Ba� @ Dollars and Cents Per Lump Sum ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE A4, 192 S.F. Demolish Sidewalk/Gutter @ S,IYr�� Dollars and Cents $ 3,07L Per Square Foot A5. 75 C.Y. Excavate Soils @ 64f —Dollars and Cents $ 7 $ Per Cubic Yard A6. 315 L.F. Construction Fence @ —Dollars and Cents Per Linear Foot A7. Lump Sum Inlet Structure -10" Dollars and Cents Per Lump Sum A& 220 S.F. Filter Fabric @ 61'?, 4td_rk 41 , fr2'Dollars and Cents $ Per Square Foot A9. 5 C.Y. Gravel @ Dollars and $ —Cents Per Cubic Yard A10. 68 C.Y. Backfill @ —Dollars and Cents $ Per Cubic Yard PR 3 of 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE All. 144 S.F. Conventional Sidewalk/Gutter Dollars and Cents $ Per Square Foot Al2. 48 S.F. Pervious Concrete Sidewalk/Gutter —Dollars and ---Cents $ G Per Square Foot A13. Lump Sum Vegetation and Irrigatipri System I �kj; @G ?J LI ", Dollars and Cents Per Lump Sum A14. 2 EA Catch Basin Blomedia Filgter Screens @ Dollars and Cents Per Each A15, 1 EA Remove/Replace 12X12 Inlet Grate , J�Wcj, f�p?il @ Dollars . ...... .... . and -Cents Per Each A16, 48 S.F. Demolish Sidewalk/Gutter I @_jkLf4A Dollars and Cents Per Square Foot A17. I EA Manhole Frame and Cov T @42- Dollars and —Cents Per Each $ 7 2v $ It'l ()- $ PR4of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE A18. 48 S.F. Conventional Sidewalk/ Gutter @ /f� Ddilars and Cents $� $ s t Per Square Foot A19. Lump Sum As -Built Drawings @ 1,400 Dollars and 00 Cents Per Lump Sum Reef Point Park Lot Biofiltration System B1. Lump Sum Mobilization and Demobilization @ *t 744 Dollars and Cents Per Lump Sum B2. Lump Sum Traffic Control @rrc;d'u< ,T vz'P'Dairs and Cents Per Lump Sum 133. Lump Sum Survey Services n'��Dollars and Cents Per Lump Sum $ 1.400 $ 7>1 B4. 80 L.F. Sawcut Asphalt Concrete @( Dollars and Cents Per Lineal Foot PR5of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE B5. 1,000 S.F. Remove Asphalt Concrete @ Dollars / and g�I'irk Cents Per Square Foot 136. 2,600 S.F. Filter Fabric @ Dollars and $ Cents $ Per S uare Foot B7. 24 C.Y. %-Inch Gravel @ �n 1 ilr!2 `Dollars and Cents $ $ 21-md Per Cubic Yard B8. 115 C.Y. Rock Reservoir @ P'M Dollars j 2 o and Cents $ 50 $ Per Cubic Yard @ 7-+, Z L Dollars and Cents $ / Z- $ ZC; Per Lineal Foot 810. 157 C.Y. Excavate/Export Soil @ Dollars and Cents $ 5,33v Per Cubic Yard 811. 7 C.Y. Sand Layer @ Ei4✓ Dollars and Cents Per Cubic Yard 170,01=6 = ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE BIZ 1,050 S.F. Interlocking Pervious Pavers 44/4A —Dollars and c� Cents Per Square Foot B13. 80 L.F. Concrete Edge Restraint Dollars and Cents $ 4 Per Linear Foot 814. 1,050 S.F. Clear and Grub 4(1),e —Dollars and Cents $ Per Square Foot 815. 87C.Y. ExcavatelExport Soils within Planters @ Dollars and Cents $ $ -L 9,M Per Cubic Yard B16, 65 C.Y. Amended Soils Dollars and Cents $ qL, -7 Per Cubic Yard P 1317. 16 L.F. Inflow PCC Curb @*'VA14_01,�4Dollars and Cents $ Z_ Per Linear Foot @ '7t —Dollars and C) Cents $ 10 $ Per Square Foot ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 819. 1,050 S.F. Planter Re -Vegetation @ ru),) Dollars and j Cents $ 2 c Per Square Foot 820. 120 S.F. Pervious Concrete @ 1W/ Dollars and Cents $ Per Square Foot 821. 10 L.F. Overflow Outlet PCC Curb @ -At10 7-1 ku —Dollars and Cents $( Per Lineal Foot 822. 1 EA Modular Wetland System and Cents $ 7 .r cicl Per Each 823. 60 L.F. Reservoir Overflow Drain Pipe : @ ✓1—` Dollars and Cents $l Per Lineal Foot Modular Wetland System Discharge Pipe $ $ 3 9 C) $ 3'1�SC-Cu/ Dollars and Cents $ Z $ ` Per Lineal Foot Parking Space Striping @ r Dollars and Cents $ $ Per Lineal Foot IV ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE B26, 80 S.F. Asphalt Concrete @ 1�—Dollars and Cents $ _z3_ Per Square Foot B27. 3 C.Y. Modular Wetland System Level Bed/Backfill B31. 30 L.F. Reservoir Discharge Piping " I r,011 -M JV -Tt'it,ee PwJ bol @ Dollars 1 ars Cents and Cents $ Per Cubic Yard B28, 26 L.F. Remove Curb @ Dollars Cents and Per Each Cents $ Per Linear Foot B29. 25 L.F. Remove Curb and Gutter Dollars and Cents $ Per Lineal Foot B30, 25 L.F. PCC Curb @ Si —Dollars and Per Lineal Foot B31. 30 L.F. Reservoir Discharge Piping @ Dollars and Cents $ Per Linear Foot B32. 2 EA Clean Out "'Dollars @ and Cents Per Each $ /t0 $ t0 s LSE $ 15d I ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 831 I EA 90' Bond and Clean Out @ Dollars and Cents $ -7 $ Per Each 1334. 10 L.F. SDR -36 Pipe @ T"�c j�X� Dollars and Cents $ -zo Per Linear Foot 835. 4 EA SDR -36 PVC Wye Branch Fitting @ Dollars and Cents $ 2, 2_Z_ Per Each 1336. 3 EA ABS Stopper @ Dollars and Cents Per Each 1337. 4 EA SDR -35 450 Bend Fitting Dollars and ,2 Cents Per Each B38. 3 EA Clean -Out Cover @ i' Dollars and Cents Per Each 839. 2 EA PCC Concrete Collar @ Dollars and Cents Per Each PR 10 of 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE B40. 157 C.Y. Excavate Soils/Minimize Load on Area @ Dollars and Cents $$ _ S 3 3 Per Cubic Yard B41. 35 L.F. Remove Gutter Pan �7aDollars and Cents $ l Z $ j 2 Per Lineal Foot 1342. 2 EA Cross Fitting aG��lC \ ?r Dollars and Cents $ C? $ Per Each B43. 4 EA End Cap t @, Dollars and Z� Cents $ $ Per Each 1344, Lump Sum As -Built Drawings �7a 1.800 Dollars and 00 Cents $_ 1.800 Per Lump Sum Los Trancos Creek Maintenance Project C1. Lump Sum Mobilization and Demobilization Uo ars and Cents $ �� Per Lump Sum � � t ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE C2. 2,200 S.F Invasive Species Removal @ u"rr �, Dollars andi Cents $ _ $ 1 .. Per Square Foot C3. 2,200 S.F Revegetation with Native Plant Species @ r ' Dollars a and 1 Cents $ -2,50 $ Per Square Foot C4. 22 C.Y. Trench Excavation @2 ,1 t Dollars and Cents t $ f $ Per Cubic Yards C5. Lump Sum Relocate Rock Jin Y �/,yd("i Dollars and Cents $ t r l Per Lump Sum C6, Lump Sum Remove Debris, Trash, and Organic Materials @ >X<1r Dalhars and —Cents $ Per Lump Sum C7. 200 L.F. Construction Fence @ Dollars and Cents Per Lineal Foot C8. Lump Sum As -Built Drawings @ 800 Dollars and 00 Cents $ 800 Per Lump Sum PR 12 of 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL L PRICE FOR ALL THREE PROJECTS IN WRITTEN WORDS -? Wwo 4k),t wn, f'.-nr .l`V.-i,1 /n. , n 4-1-,, p/ „ F l and Cents Date qyy, fJ(�S �jlv�%i/G Bidder's Telephone a d Fax Numbers w- i 14-46 Bidder's License No(s). and Classification(s) Zy% t9Z-9 Total Price (Figures) Bidder's Address Bidder's email address: . O At�*V'fjar CERTIFICATE OF LIABILITY INSURANCE DATE 17/2013 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, P(3LfCY NUMflER IMPORTANT: If Me certifcal , holder is an ADDITIONAL INSURED, the policy() must be andor had. A SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an andorsentem. A stateleent on this certificate does not center rights to the certificate holder in lieu at suet endorsemengs). PRODUCER MANALEg INSURANCE SERVICES 2833 ],r .t�Tlie�°b B3.2r'(o�.p Ste 3t86 CONIACI NAME: Asx4y Aa8da.i,E3 HONE rn- {323D5�� 484 �(n"ic.Na)f 3�3-5$1-��4 ADDRESS: andy YEal-iin&.COM Vernon, CA 9005& INSURERS) AFFORDING COVERAGE RAMP X COMMERCIAL GENERAL LIABILITY INSURER A'. James River I1']sura$$_L"e INSURED Ted Enterprises, Inc. ^� INSURER B: Mercury Casualty Company ...,.., INSURER C: Evanston Insurance Co. 555 N. El Camino Real, Suite A362 INSURER D: State CompeTasation ISRsurance A San Clemente, CA 926"72-6' 40 INSURER E: Golden Eagle 000 50685-1 INSURER F'. (949)361-3065 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, RR TYPE OF INSURANCE AWL- P(3LfCY NUMflER (MM1DDtYYYY} {MMlDDM'YY) LIMITS GENERAL LIABILITY _ EACH OCCURRENCE s 1 000.000 X COMMERCIAL GENERAL LIABILITY PREMISS (Ea oc�a rreoce) $ 50,000 CLAIMS -MADE L `. (OCCUR MED E)(P(Any MlaparSOn) $ �� A i 000 50685-1 11/03/1211/03/13 ea ppctt elm PERSONAL&ADV INJURY $ 1 0&Os CCC GENERAL AGGREGATE S f 000 , 000 GERM. AGGREGATE UMiT APPLIES PER: a2,000,000 e PRODUCTS - COMPtOP AGO $ 000 000 `Y POLICY �4 LOC $ AUTOMOBILE LIABILITY —� — Ea acddent $ 1,000,000 INJURY (Per person) $ .._. ANYAUTO ALL OWNED 3GHEDULED AUTOS NON"WNED HIRED AUTOS AUTOS n.�s cBODILY CCA001446 12/30/12 [12/30/13AUTOS BODILY INJURY (Par acdtlenp $ PR PERTY AMAIi. $ (Per aoswo) $ XEXCESS UMBRELLA LIAR UAB OCCURe�c�<ZEACH CLAIMS -MADE AT��Ar}ASCA9A.3 �/1�%13 /13 OCCURRENCE $ B}S2�C pQg'pprtCf�e5BOfy AGGREGATE '. $ 4,000,000 DED RETENTION $ $ ^^ D WORMERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY OFFIGEWMEMI9ETR�EXCLUDED?ECUrIVP ® (Mandatory In NH) NIA W 9023732-201 9/01/1 w 9/01/13 STA lJ-S ET R - TORY LIMIT EL_EACH ACCIDENT $ 1,000,000 E.L.MEASE-EAEMPLOYEE $ 1,000,000 Ss, desonbeerber CRIPHON OF OPERATIONS WIM EU, DISEASE -POLICY LIMIT $ 1,000 r 000 E Commercial Property Im 1080915 1/25/13 1/25/14 $50,000 DESCRIPTION OF OPERATIONS ILOCATIONS /VEHICLES (AxechAGORtl tOt,.4dQ2ional Romarksscheeule,d moreapaca is requited) The City of x"Ort seat i its Officers. efflcialu, aNpley"s, Assets L VOiuotAoss DIYe amsd Addlelsoal Tas=ads 24 respects CP the coherel Liability A 3U5111@8h .A,xtto P.11Pias. TosuYozce is Yriss rp & Ron-CVVVL li otory, WaiYer of S41}royatioo ie favor of Additional Tnamreda is respac.tB to the General Liability 6 abrker's Compensation, 30 Days notice of oameel Y®LStl6. City of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3300 Newport Blvd. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Newport Beach, CA 92663 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD25 (2010/05) © 1988-2C The ACORD name and logo are registered marks of ACORD reserved. s I •,'.i 2 u .r eertne `ryct'.i#sgS S ' .,;cam P J cac and r or y <.v:h%:"i'^. SCHEDULE Name Ot A ditionai Insured Person(s) �� Cie €7egan�za4+on(�}, s � oo�4a4�t(`53 Ui C�pv�*re�ci f3�k: <sticcss 7 1 " € i S i i i i F A. Section 49 —Who 3s An insureds »ne,-dcd to I^ciu--le as ar- x?hdil»Ft.a` insureo he persolis;. or orqa-uza�Qv€s, "1"ovr m tnp Skcheduie,. but on1^r' e s Vic: ,L3 r ab t= ' fo C 0dily 7 >w y", "flop." iy Ca a ,r prrsoa# and aoveed:sing irli .P caused, ark Nt oic .,r n, zar. 3y; 4 iFi' i- ,-,Is Or oMiSVl0'15. Gr aoibitiOna € sufed s, a? Vhe `.Ocat OnjS desig- 9. it (espe i to shrr s .v. ce afforuied :c i',ese a_ diS'd nat ,c,.rrecs:. "ns r.S3 JS'mp addri nal t xd,' •- ins; ranca dries no apol=,.' m ciit y yr„ �`.`(:3`)crly dama,^_,e' c-ccur ing,,� atef: A,;..orf mviuuir; a_ mals, Pars c., equic- nent iu Shed i`i corinmon s,,Icn work_ un ti -e .c`e. :3ther,. a -,T s iiir9 maie^.re'ncs€re „s repa,r5 to be Pe'orma_dj bJ or on Ur ha;` rn ,-u :, ddiiicnw '.rmjrebfsl a, `ne rocaz,ion of .ne o covered operarcns has been compleied, or 2, 7^2t p r_.i "your 'work' ou, of w4, ,, h ire ,nwf' C "€ "';+'€oe arises has Deen pu; to i's i`3- ;e*if$ed =use ey an perscon or or�amzalLtr; Otho r -- ; u?'!JB„icr or Sib �.;�w actor er, ,_",=ageG m performic operations 'or a p, czal as a cart ct she Same D cre,c,- GG 20 10 07 04 a ?SO Properties, ;: ". 2004 Pace f of 9 ENUOR5E1YIENT AGREEMENT WAIVER OF SUBROGATION 9023732-12 RENEWAL SC 5-13-16-09 PAGE 1 HOME OFFICE SAN FRANCISCO EFFECTIVE MARCH 20, 2013 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING APRIL 5, 2013 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME TED ENTERPRISES INC 555 N EL CAMINO REAL A362 SAN CLEMENTE, CA 92672 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING. IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF NEW PORT BEACH WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, TED ENTERPRISES INC IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: MARCH 22, 2/013 c 2570 AUTHORIZED REPRESENT PRESIDENT AND CEO er¢ on o¢a anoi� ton, i.onim ni n nP 917 MINERNME TICS ENDORSEMENT ENT° HA E THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person{s} OrOrgan`szation{s): Location And Description Of CompletedOpera- tions Where required by written contract or agreement All Operations of the Named Insured Information required to complete tt is Schedule if not shown above, will be shown in the Declarations. Section If -- Who Is An Insured is amended to include as an additional insured the person{s) or organiza- tions) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products -completed operations hazard". GG 20 37 07 04 C ISO Properties, Inc., 2004 Page 5 of 1 E7 PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or OEGanization(s): If no entry appears above, this endorsement applies to all Additional Insureds covered under -this polim Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis ALL OTHER TERMS AND CONDIVONS OF THE POLICY REMAIN UNCHANGED- AP5031 US 04-10 Page 1 of 9 WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS The Company agrees to waive any right of recovery against any person or organization, as required by written contract, because of payments we make for injury or damage which is limited to liability directly caused by "your work" which is imputed to such person or organization. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP50G4US 11-46 Page 1 of 3 CERTIFICATE OF INSURANCE CHECKLIST mzzmusz�� This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 4/18/13 Dept./Contact Received From; Shari Date Completed: 4/18/13 Sent to: Shari By: Chris/Renee Company/Person required to have certificate: ____ Ted Enterprises, Inc. Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/3/12-11/3/13 A. INSURANCE COMPANY: James River 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 ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A _ F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes [] No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes ® No H. Operations status does not apply to Waste Haulers) ® Yes r] No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes [I No I. 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 ® Yes ❑ No Ii. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 12/30/12-12/30/13 A. INSURANCE COMPANY: Mercury Casualty Coany� B. AM BEST RATING (A-: Vil or greater) A t:XiiJ C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Z 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: 0 N/A ® Yes ❑ No VVORKERS'COMPENSAT|DN EFFFCT|VGEXP|R&T|VNDATE: A. INSURANCE COMPANY: State Co ub ] D. AyWBEST RATING (A':VII urgneeVar): NotRated C. ADMITTED Company (Must beCalifornia 8dnnittad): D� VVDRKERS'COMPEN8&T|ONLIMIT: Statutory E_ EMPLOYERS' LIABILITY LIMIT (Must ba$1Mvrgreater) F, WAIVER OFSUBROGATION (To inn|ude):|sitincluded? G. SIGNED VVORKERG'COK8PENSAT|0NEXEMPTION FORM: H NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 4/J3/l3 Agent of80antInsurance Services Date Broker of record for the City of Newport Beach �Yes No �Yes No 1,000,000 0Yos El No MN/A E] Yes EJ No El N/A XYan El No X NIA El Yes El No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than ; Self Insured Retention or Deductible greater than $_) 0 N/A El Yes El No Reason for Risk Management upprovaKexceptionhwuivec � A.rrr~v_-� Risk Management * Subject hmthe terms mfthe contract. PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 E! 4 4 CONTRACT NO. 5287 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.4 Line and Grade SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 6-2 PROTECTIONS 5-7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 E! 4 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 5 6-7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 5 7-1.2 Temporary Utility Services 5 7-5 PERMITS 5 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 PROJECT SITE MAINTENANCE 6 7-8.1 General 6 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-8.7.2 Steel Plates 8 7-10 PUBLIC CONVENIENCE AND SAFETY 8 7-10.1 Traffic and Access 8 7-10.3 Street Closures, Detours, Barricades 8 7-10.4 Public Safety 9 7-10.4.1 Safety Orders 9 7-10.5 "No Parking" Signs 9 7-10-6 Notice to Residents 9 7-10-7 Recognition Signage 10 7-15 CONTRACTOR LICENSES 10 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment 22 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 25 300-1 PART 2 ---CONSTRUCTION MATERIALS 25 SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 23 201-1 PORTLAND CEMENT CONCRETE 23 201-1.1.2 Concrete Specified by Class 23 201-2 REINFORCEMENT FOR CONCRETE 23 201-2.2.1 Reinforcing Steel 23 201-7 NON -MASONRY GROUT 23 201-7.2 Quick Setting Grout 23 SECTION 203 BITUMINOUS MATERIALS 23 203-5.2 EMULSION -AGGREGATE SLURRY 23 203-5.2 Materials 23 203.5.3 Composition and Grading 24 203-6 ASPHALT CONCRETE 24 203-6.4 Asphalt Concrete Mix 24 203-6.4.3 Composition of Grading 24 SECTION 207 PIPE 24 207-2 REINFORCED CONCRETE PIPE (RCP) 24 207-2.1 General 24 207-2.5 Joints 24 SECTION 214 PAVEMENT MARKERS 25 214-4 NONREFLECTIVE PAVEMENT MARKERS 25 214-5 REFLECTIVE PAVEMENT MARKERS 25 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 25 300-1 CLEARING AND GRUBBING 25 300-1.3 Removal and Disposal of Materials 25 300-1.3.1 General 25 300-1.3.2 Requirements 26 300-1.5 Solid Waste Diversion 26 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 27 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 27 303-5.1 Requirements 27 303-5.1.1 General 27 303-5.4 Joints 27 303-5.5 Finishing 27 303-5.5.2 Curb 27 303-5.5.4 Gutter 27 303-8 PERVIOUS CONCRETE 27 303-8.5 Placement 27 303-9 PERVIOUS PAVERS 26 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 28 308-1 GENERAL 28 SECTION 310 PAINTING 29 310-5 PAINTING VARIOUS SURFACES 29 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 29 310-5.6.7 Layout, Alignment and Spotting 29 310-5.6.8 Application of Paint 29 310-5.6.11 Pavement Markers 30 ATTACHMENTS Aqua-Bric Information Sheets Standard City Curb Type B Standard Drawing City Sewer Lateral with Cleanout Standard Drawing Biomedia Filter Screen Drawing Caltrans Standard Drawings for Drainage Inlet and Grate ADVANCED_ PAVEMEW Jl TECHNOLOGY Pedestrian Friendly, Environmentally Advanced The Aqua-Bric® Series Advanced Pavement Technology presents a pedestrian -friendly, but vehicular tolerable stormwater manage- ment system featuring Aqua-Bric® permeable pavers. The smooth, flat surface created using Aqua -Brice meets ADA standards and is a superior choice for areas with high foot traffic - even for pedestrians in high heels or wheel chairs. Ideal for roadways, parking lots, plazas and walkways, Aqua-Bric® is used by Advanced Pavement Technology to implement the environmentally sound Bio -Aquifer Storm System (BASSI"') See back side for more information. Benefits of BASSTM with Aqua-Bric® • Meets pedestrian slip resistance standards from the Americans with Disabilities Act (ADA) Architectural Guidelines, as well as EPA stormwater requirements • Provides smooth surfaces with minimal openings to make walking more comfortable • Allows for rapid removal of stormwater through void openings • Eliminates standing water for plazas and walkways without sloping • Maximizes design flexibility by enabling a wide range of creative patterns • Simplifies maintenance in climates with ice and snow Aqua-Bric@ Type 4 Dimensions: When used as part of Advanced Pavement Technology's exclusive BASSTM method, these pavers allow for natural stormwater drainage and groundwater recharge, making the paved surface ecologically sound and economically smart. In fact, the BASSTM method is an acceptable post -structural Best Management Practice (BMP) used to meet the federal stormwater management requirements. Roads and parking lots created using BASSTM with these permeable pavers offer vast benefits: • Meeting EPA stormwater requirements with a Delivering maximum strength to handle heavy superior solution for NPDES Phase II vehicular traffic • Achieving significant savings and fostering eco- Producing remarkable curb appeal and conve- logical integrity through enhanced land planning nient maintenance access • Outperforming other systems in harsh climates Providing outstanding results on a 50 -year life - or with freeze/thaw cycles cycle cost analysis Aqua -Brice, Aqua-LocTm, Eco-BrickTm and Aqua-Bricloce are licensed shapes, available only from Advanced Pavement Technology or selected national manufacturers. The pavers are manufactured according to ASTM C936 specifications. They can be produced in a variety of custom colors and installed using manual or mechanical methods. The new paver shapes can also be combined during installation to achieve a number of attractive patterns in an ecological pavement system. Bio -Aquifer Storm SystemTM Eco-SwaleM 1/4" Joints HandTight Concrete— Curb i SRL BeddingX y 1 •• •s�v Ecologically sound. Economically smart. And exclusively from Advanced Pavement Technology. For more information about the BASSTM program, please contact Advanced Pavement Technology toll-free at (877) 551-4200 or visit our website at www.advancedpavement.com. A 0 V A N C E 0_ Ecological Paver Systems Division 0543 PAVEMENT 67 Ston -free ( 7 Road Oswego, Illinois 1-420 JlTECHNOLOGY Toll-free (877) 551-4200 I (630) 551-4200 I Fax (630) 551-4225 crt@advancedpavement.com I pat@advancedpavement.com y••.••. www.adva ncedpavement.com @ 2007 Advanced Pavement Technology. All rights reserved. BASST"; ECO-SWALETh" Aqua -Loci"', and Eco-BrickTM are trademarks of Advanced Pavement Technology. Aqua-Bric'D and Aqua-Bricloc° are registered trademarks of Advanced Pavement Technology. 6' L 3,12 v BATTER a 4 0 4 24' X1/2' R 3/8' LIP 6' OR 8' CURB FACE a /2' R ° --d` a 1' R d a V WIDE BY 1' DEEP AC PATCH BACK TYPE A P.C.C. CURB AND GUTTER (CURB FACE SHALL BE 6' UNLESS OTHERWISE NOTED) 6' 1/2' R P WIDE BY 1' DEEP AC PATCH BACK 3f2 L' BATTER ° fl O 4 d 1 TYPE B P.C.C. CURB (CURB FACE SHALL BE 6' UNLESS OTHERWISE NOTED) NOTES: L GUTTER SURFACE WITHIN 4' OF FLOWLINE SHALL BE GIVEN A STEEL TROWEL" (APPLIES TO TYPE A' CURB) 2. PREFORMED 3/8' THICK EXPANSION FILLER SHALL BE INSTALLED IN ALL TYPES OF CURB AT THE BC, AND E.C. OF RETURNS, AT INTERVALS OF 60' BETWEEN RETURNS AND AT THE ENDS OF DRIVEWAYS. SIMILAR EXPANSION JOINTS SHALL BE INSTALLED IN ALL GUTTERS ADJOINING CURB" WEAKENED PLANE JOINTS SHALL BE FORMED AT INTERVALS OF 20' BETWEEN RETURNS. (APPLIES TO TYPES 'A' 'B' AND 'C' CURBS). 3 CONCRETE SHALL BE 560-C-3250. 4" SMOOTH TROWL THE TOP 4 -INCH OF THE BACK OF CURB. CITY OF NEWPORT BEACH APPROVED: � - �� PUBLIC WORKS DEPARTMENT RCE NO. 361 61AC WORKS DIRECTOR STANDARD CURB SECTIONS Drawly M.Gracfa Scale: N:I.S. TYPES "All 1! A, ND 117.") II Date: Nov. 1993 r,{us pn nilwh hp0i�Sr&-AD �� 1S li J L1 1"'1.1.V l� DRAWINGNO. STD,�IO2_L Chisel "5" on face of concrete R 10 curb over lateral. 3" high i letter. H" deep. Curb & gutter Y 7 r Sidewalk (or alley surface) /) Finished street Riser, Coulder or Fernco coupling & stopper to be installed 6" below finshed grade. Minimum Slope: Y4" per linear foot or 2.00% 5 e (or 6") ABS stopper (where laterals are stubbed) O 4" (or 6") short piece, SOR-35 PVC, 6" long. Oe (or 6") rubber mechanical bonded seal damp. Femco or City approved equal. V 4" (or, 6") private sewer pipe. 0 8"x 4" (or 6") wye branch fitting. SOR-35 PVC. 6. Sewer cleanout riser pipe material shall be SDR -35 PVC except where existing sewer main Is VCP in which case VCP pipe and fittings shall be used. 7. PVC shall be SOR-35 per ASTM 3034. 8. FVC pipe and fittings shall be bedded with 3." crushed rock material. In areas of ground water or tide woter W crushed rock. g. Where VCP materials are used, bedding shall be standard. 10. Single family residences shall be 4" diometer oil others shall be 6". 70 Install ABS stopper in rubber coupling. Use 11. Saddle type connections to sewer mains are prohibitied, except by special Mission Clay Products stopper or approved permission from the Utilities Superintendent. (Then only on old concrete equal. mains with heavy flows.) ft Sidewalk replacement shall be in full panel. 12. Clue or solvent joints are prohibited. CITY OF NEWPORT BEACH APPROVED: PUBLIC WORKS DEEPARTMI191' SEWER LATERAL WITH RCE NO. 36106 PUBLIC WORKS DIRECTOR CLEANOUT DRAR'INC NO, SPECIALNOTE: Under pq circumstances shall ASS pips fittings be allowed? AEIl sewer laterals shall be inspected by the Utilities Oept. and be replaced if necessary to meet current city standards. Sewer lateral connection per STD -405-1. CONSTRUCTION NOTES: 9 GENERAL NOTES: OInstall sewer cleonout cover per applicable i. For slope less then Ys" per foot a 6" lateral shall be used with a minimum portions of STD -511—L. Triangular cover with slope = D§" per foot. 'S" on top. 2. A cleanout shall be installed on all sewer lateral connections. O 4" (or 6") SDR -35 PVC sewer pipe with gasketed, integral bell and spigot pints. 3. Cleanout shall be installed at property line. O3 4" (or 6") SDR -35 PVC 45' bend. 4. Sewer cleanout covers shall be Brooks products No. 4TT or JAR. No. 4T marked sewer. Q4"x 4" (or 6"x 6") SDR -35 PVC wye branch fitting. & Cleanout covers placed In sidewalks may be Brooks Products Nat —RB and No.1—R (concrete cover) or JAR. No. 1—R by special permission aniy. 5 e (or 6") ABS stopper (where laterals are stubbed) O 4" (or 6") short piece, SOR-35 PVC, 6" long. Oe (or 6") rubber mechanical bonded seal damp. Femco or City approved equal. V 4" (or, 6") private sewer pipe. 0 8"x 4" (or 6") wye branch fitting. SOR-35 PVC. 6. Sewer cleanout riser pipe material shall be SDR -35 PVC except where existing sewer main Is VCP in which case VCP pipe and fittings shall be used. 7. PVC shall be SOR-35 per ASTM 3034. 8. FVC pipe and fittings shall be bedded with 3." crushed rock material. In areas of ground water or tide woter W crushed rock. g. Where VCP materials are used, bedding shall be standard. 10. Single family residences shall be 4" diometer oil others shall be 6". 70 Install ABS stopper in rubber coupling. Use 11. Saddle type connections to sewer mains are prohibitied, except by special Mission Clay Products stopper or approved permission from the Utilities Superintendent. (Then only on old concrete equal. mains with heavy flows.) ft Sidewalk replacement shall be in full panel. 12. Clue or solvent joints are prohibited. CITY OF NEWPORT BEACH APPROVED: PUBLIC WORKS DEEPARTMI191' SEWER LATERAL WITH RCE NO. 36106 PUBLIC WORKS DIRECTOR CLEANOUT DRAR'INC NO, STAINLESS CATCHBASIN SL (SEE S BIOMEDIA FILTER SCREEN MODEL 42-12 PLAN VIEW 1 1 ;CURB • II;ENING M*Y i• •I.i•Y•• i.•.1 ••f•! • • i•••• i !•M� 1 ♦i :{: {:•:{�...{•{1•'1•••1••• • • • • • • • • • • • • 1 1 • •• • 111 SECTION VIEW DESIGNED TO FIT CITY OF LDS ANGELES DEPARTMENT OF PUBLIC WORKS STANDARD PLAN S-494-1 INLET AND MODIRED CATCHHASIN ooa�a�® ENVIRONMENTAL SERVICES, INC. www.SioCleonEnvironmental.com 2972 San Luis Rey Road Oceanside CA 92058-1241 Phone: 760-433--7640 Fax: 760-433-3176 X7 DETAIL \� VIEW A B10MEDIAWHITE BOLT DOWN FIBERGLASS LID 2' 10" BIOMEDIA FILTER SCREENm HINGED SCREEN FOR MAINTENANCE ACCESS 1WRTITMOR-11 *BASED ON UNOBSTRUCTED MEDIA 1, ALL ANGLE BRACKETS TO BE STAINLESS STEEL 1-114" X 1-114" X 3/16' 2 Alt MOUNTING HARDWARE TO BE 318' D14. 316 / 3161 STAINLESS STEEL. J. ALL HOLES TO BE 7116- 4. ALL SEAMS AND GAPS MUST BE SEALED WTH SILKi7NE SEALANT. 5 ALL SCREENS TO BE PERFORATED METAL, 16 GAUGE PATH 3116" DIA, HOLES ON 114" CENTER STAGGERED. 6. ALL CONCRETE ANCHORS TO BE 318' 0 STAINLESS STEEL REDHEADS, g g DD; 8 = E8" 8,5 - R ;oaf 5 `d �3 Y _ cdc°N� O y°E TE _OEQ `n a �Saa i 4:n8 z- e1 1 ° _ v�gS8 m ° oo FM I��b"'�� N4�a mflP p p �Em Nl s�u*6.3a n_ON mwaiP $.�S L20n aGv a; omt°i Al i aaox apa vv < < a � c C a nPimE z �S � Al i aaox apa :§2 \ f; \; �± \ 151 }}\\\ .� \\ }}\\\ I 155 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 5827 SP 1 OF 30 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Drawings (Drawing Nos. D -5371-S, D -5372-S, and D -5373-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (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, "This contract consists of three projects: 1) Shorecliffs Road Catch Basin Modifications, 2) Reef Point Parking Lot Biofiltration System, and 3) Los Trancos Creek Maintenance. The work necessary for the completion of the Shorecliffs Road Catch Basin Modifications includes furnishing and installing biomedia filter screens in an existing catch basin, excavating and installing an infiltration unit in-line with an existing storm drain and installing a segment of porous concrete sidewalk. The Reef Point Parking Lot Biofiltration System project located in a parking lot in Crystal Cove State Park, includes removing asphalt pavement and replacing it with an infiltration gallery, installing a modular wetland system, and excavating and refurbishing two parking lot islands to allow for infiltration. The Los Trancos Creek Maintenance project includes restoring a short reach of the creek near the outlet to the ocean through removal of dirt and invasive plants and installing rip -rap and native plants. The contract includes fabricating and installing recognition signage at each site." SP2OF30 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 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." 2-9.4 Line and Grade. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. Contractor is to select a design surveyor for this project. 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. SP3OF30 SECTION 4 ---CONTROL OF MATERIALS 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 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 3`d 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." Add Section 5-7 ADJUSTMENT TO GRADE 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 cieanouts 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. ' • i 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: "For the Shorecliffs Road Catch Basin Modifications, the Contractor shall complete all work under the Contract within 40 consecutive working days after the date on the Notice to Proceed. For the Reef Point Parking Lot Biofiltration System the Contractor shall complete all work under the Contract within 50 consecutive working days after the date on the Notice to Proceed. For the Los Trancos Creek Maintenance the Contractor shall complete all work under the Contract within 30 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 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year'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." SP5OF30 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 5 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 1:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. Requests for Saturday work in Crystal Cove Park are discouraged. 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. SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 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 a $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. City 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" SP6OF30 7-5 PERMITS. Add to this section: "The City has obtained temporary entry agreements to allow the contractor access on private property for constructing the Shorecliffs Road Catch Basin Modifications. The designated access areas are shown on the drawings. For the Los Trancos Creek Maintenance, the City is in the process of obtaining a permit from the California Department of Fish and Wildlife. It is anticipated that a primary condition for the work is that no mechanized equipment can be used within the creek. Crystal Cove State Park will provide right -of -entry permits to the Contractor's work force." 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." 7-8.1 General. Add to this section: "For the Los Trancos Creek Project, all work shall be conducted to minimize disturbance to park visitors. Along the creek, construction fencing shall be four -foot high with green mesh. Contractor shall obtain permission from Engineer regarding placement of an enclosed container for rubbish, debris, green waste and organic debris. Contractor shall obtain approval from Engineer for the number and schedule for trucks entering the site for delivery supplies and equipment and hauling waste. The Contractor shall provide a circulation plan for truck entering the site to the Engineer for approval. No trucks may be parked on site. Materials and tools shall be stored off-site at a site approved by the Engineer." Tree frogs found during construction need to be salvaged, counted, and moved to a safe location upstream of the auto bridge when found." Add the following section. "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. SP7OF30 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. To minimize inconvenience to visitors to Crystal Cove State Park, permission for use of on-site staging areas is contingent upon the Contractor working consistently and diligently to complete the Los Trancos Creek and Reef Point Parking Lot Projects in a timely manner. Any potential delay shall be discussed with the Engineer. 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 Manual 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, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. SP8OF30 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." 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Drawings (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades. 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), 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 make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 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. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 8. 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." 9. All open trenches, saw cut curbs, and excavation of islands will be placed in a safe condition and clearly marked as no entry at the end of each day. 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 sections: "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. 7-10.6 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. SP 10 OF 30 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. 7-10.7 Recognition Signage. The Contractor shall fabricate and prominently post three signs, one at each project location, with the following statement: "Funding for this water quality improvement project has been provided by the City of Newport Beach and through an agreement with the State Water Resources Control Board." The sign shall include the seal of the City of Newport and the State Water Resource Control Board, both available from the Engineer. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a California Contractor's 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 drawings 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 drawings 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." SECTION 9 ---MEASUREMENT AND PAYMENT SP 11 OF 30 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: Shorecliffs Road Catch Basin Modifications Item No. Al Mobilization and Demobilization, Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, restoring access and storage areas to pre -construction condition, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. A2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item all includes the fabrication and posting of the project recognition sign (see Section 7-10.7). This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. A3 Survey Services: Work under this item shall include surveying services associated with identifying projection location, property lines, easement lines, existing flow line elevations sidewalk grades, and all other work items as required for performing the work in place Item No. A4 Demolish Sidewalk/Gufter: Work under this item shall include removing and disposing concrete sidewalk/gutter in area where improvements are proposed. Limits of removal shall correspond with existing sidewalk break lines which are spaced at approximately 8 feet. Work under this item shall also include protect -in-place or restoring all existing improvements damaged by the work, and all other work items as required for performing the work in place. SP 12 OF 30 Item No. A5 Excavate Soils: Work under this item shall include excavation of soils per plan. Excavation side slope shall be a maximum of 1.5:1 (horizontal:vertical). Contractor shall protect -in-place the exposed storm drain pipe, which may require leaving soil directly beneath pipe until concrete inlet is constructed or by installing temporary wooden (2X8) supports. Excavated soils to be used for backfill may be temporarily stored onsite with Engineer approval in a stockpile covered with visqueen and gravel sacks. All excavated soils not used for backfill shall be hauled off site and properly disposed of. Work under this item shall also include protect -in-place or restoring all existing improvements damaged by the work, and all other work items as required for performing the work in place. Item No. A6 Construction Fence: Work under this item shall include furnishing and installing orange construction fence with height of 6 feet supported with steel fence poles spaced no greater than 4 feet on center. Fences are required around the stockpile excavation areas and catch basin when top is removed. Pedestrian path around work site, on turf where necessary, shall be maintained. Work under this item shall also include protect -in-place or restoring all existing improvements damaged by the work, and all other work items as required for performing the work in place. Item No. A7 Inlet Structure: Construct concrete inlet per Caltrans Standard Plan D73, Type G2 modified per drawings. Inlet to be modified by constructing bottom (inlet floor) with pervious concrete. Inlet grate to be Alhambra Foundry Company Bicycle Proof Galvanized Ductile Iron Grate, size 23-3/4 X 40 (Item A-1555), or approved equivalent. Install step inserts constructed with '/2 -inch diameter steel covered by polypropylene plastic per Caltrans Standard Plan D73 and D74C. See details on plan and Caltrans Standard Plan D73 for additional requirements. Cut and remove portion of existing 18 - inch reinforced concrete pipe (RCP) in order to construct concrete inlet per plan. Work under this item shall also include all other work items as required to complete the work in place. Item No. A8 Filter Fabric: Furnish and install Mirifi No. 140N, or equivalent, filter fabric on bottom and walls of excavated area, above gravel layer around inlet, and over site soils beneath pervious concrete sidewalk/gutter gravel layer per plan and details. Work under this item shall also include all other work items as required to complete the work in place. Item No. A9 Gravel: Furnish and install 3/4 -inch gravel beneath proposed inlet and beneath proposed porous concrete sidewalk/gutter per plan, minimum depth of 6 inches. Work under this item shall also include all other work items as required to complete the work in place. Item No. A10 Backfill Backfill excavated area around constructed inlet with onsite soils except in area where porous concrete sidewalk/gutter will be installed. Place fill soils in landscape areas with sufficient compaction effort to prevent soils from settling. Top 12 inches of soils beneath proposed conventional concrete gutter shall be compacted to 90% relative compaction (per ASTM 1557). Work under this item shall also include all other work items as required to complete the work in place. SP 13 OF 30 Item No. All Conventional Sidewalk/Gufter: Construct concrete sidewalk/gutter to match the pre -construction elevations and grades of existing gutter/sidewalk and per City of Newport Beach Drawing No. STD -180-L with a weakened plane every 8 feet. Work under this item shall also include all other work items as required to complete the work in place. Item No. Al2 Pervious Concrete Sidewalk/Gutter: Construct 5.5 -inch thick pervious concrete sidewalk/gufter (width of 6 feet) to match the pre -construction elevations and grades of existing gutter/sidewalk, Prior to placement of pervious concrete, backfill excavated area beneath proposed porous concrete gutter with 3/4 -inch gravel (6 -inches minimum). Work under this item shall also include testing and all other work items as required to complete the work in place. Item No. A13 Vegetation and Irrigation System: Replace existing vegetation and irrigation system damaged during construction activities. Disturbed lawn areas shall be replaced with matching grass sod. Work under this item shall include restoring the area affected by this project to the pre -project or better condition and all other work items as required to complete the work in place. Item No. A14 Catch Basin Biomedia Filter Screens: Furnish and install two Bioclean@ Biomedia Filter Screens Model 42-12, or equivalent, in catch basin in accordance with manufacturer's specifications, details shown on Sheet 3 of construction drawings, and cut sheet (attached) including all brackets, hinges, plates, fasteners and other appurtenances. Work under this item shall also include all other work items as required to complete the work in place. Item No. A15 Remove/Replace Inlet Grate: Contractor shall remove existing 12X12 inlet grate and furnish and install new steel with galvanized coating Alhambra Foundry Company Bicycle Proof A-2012 Traffic Grate (12X12 size) with lock screws to prevent vandalism, or equivalent, and all other work items as required to complete the work in place. Item No. A16 Demolish Sidewalk/Gutter: Work under this item shall include removing and disposing concrete sidewalk/gutter in around the existing square manhole cover. Limits of removal shall correspond with existing sidewalk break lines which are spaced at approximately 8 feet. Work under this item shall also include protect -in-place or restoring all existing improvements damaged by the work, and all other work items as required for performing the work in place. Item No. A17 Manhole Frame and Cover: Contractor shall remove existing steel manhole cover while protecting -in-place existing manhole shaft and furnish and install Alhambra Foundry Company Large Diameter Flange Manhole Cover and Frame (item 1-1327), or equivalent, and all other work items as required to complete the work in place. Frame to be secured to existing manhole shaft by 3/8 -inch diameter stainless steel redheads spaced at 4 inches on center. Top elevations of frame and cover shall match those of existing square manhole cover prior to removal (tolerance +/- 1/4 -inch). Contractor to special order frame and cover after measuring existing shaft and frame and may select a more suitable frame and cover if necessary with approval from the City. Frame and cover to be galvanized plated steel. Item No. A18 Conventional Sidewalk/Gutter: Construct concrete sidewalk/gutter to match the pre -construction elevations and grades of existing gutter/sidewalk and per City of Newport Beach Drawing No. STD -180-L with a weakened plane every 8 feet. Concrete shall match top elevations of newly installed ring manhole cover (tolerance of +/- 1/4 -inch). Work under this item shall also include all other work items as required to complete the work in place. Item No. A19 As -Built Drawings (and DBE Certification if applicable). Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,400 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. Reef Point Park Lot Biofiltration System Item No. B1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. B2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item all includes the fabrication and posting of the project recognition sign (see Section 7-10.7). This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. B3 Survey Services: Work under this item shall include surveying services associated with identifying projection location, property lines, easement lines, existing flow line elevations sidewalk grades, and all other work items as required for performing the work in place Item No. B4 Sawcut Asphalt Concrete: Work under this item shall include sawcutting existing asphalt concrete approximately 1 -foot offset from location of proposed improvements as shown on plan and cross section details and all other work items as required for performing the work in place. ' • i Item No. B5 Remove Asphalt Concrete: Work under this item shall include demolishing and removing from site asphalt concrete as shown on the plan and details and all other work items as required for performing the work in place. Item No. B6 Filter Fabric: Work under this item shall include furnishing and installing Mirifi No. 140N, or equivalent, filter fabric on bottom and walls of excavated area and beneath sand layer per plan and details and all other work items as required for performing the work in place. Item No. B7 Y2 -Inch Gravel: Work under this item shall include furnishing and installing a 4 -inch layer of 1/2 -inch gravel at the bottom of the excavated area and above the 3- to 6 -inch diameter rock reservoir and all other work items as required for performing the work in place. Item No. B8 Rock Reservoir: Work under this item shall include furnishing and installing rock reservoir consisting of 3- to 6 -inch diameter rock per plan and all other work items as required for performing the work in place. Depth varies between 1.4 feet and 3.0 feet. Item No. B9 PVC Under -Drain Pipe: Work under this item shall include furnishing and installing slotted, 4 -inch, schedule 80 polyvinyl chloride (PVC) pipe, or equivalent, at bottom of the rock reservoir as an under -drain for system and all other work items as required for performing the work in place. Item No. B10 Excavate/Export Soil: Work under this item shall include excavation of soils per plan for the Modular Wetland System and rock reservoir. Excavated soils to be used for backfill may be temporarily stored onsite with Engineer approval in a stockpile covered with visqueen and gravel sacks. All excavated soils shall be hauled off site and properly disposed of unless the Engineer approves the material for backfill. Work under this item shall also include protect -in-place or restoring all existing improvements damaged by the work, and all other work items as required for performing the work in place. Item No. B11 Sand Layer: Work under this item shall include furnishing and installing a 1.5- to 2 -inch layer of sand over the top of filter fabric and beneath pavers and all other work items as required for performing the work in place. The sand layer shall be compacted to achieve 95% relative compaction of the rock and gravel layers. Compaction shall be accomplished by at least two passes of a suitable vibratory plate compactor capable of a minimum of 4,500 pounds of compaction force, or equivalent. No compaction shall be permitted within three feet (3') of unrestrained edges of the pavement. Item No. B12 Interlocking Pervious Pavers: Work under this item shall include furnishing and installing Aqua -Brie@ Series Type 4 interlocking pervious pavers, or approved equivalent, per plan (additional information provided as an attachment) and all other work items as required for performing the work in place. Item No. B13 Concrete Edge Restraint: Work under this item shall include constructing a 6 -inch wide by 12 -inch depth, cast in place, edge restraint per plan using fiber reinforced concrete with a minimum compressive strength of 3,500 psi and all other work items as required for performing the work in place. Item No, B14 Clear and Grub: Work under this item shall include clearing and grubbing existing landscaping within parking lot islands per plan and all other work items as required for performing the work in place. Native plants within planter shall be salvaged for use (re -vegetation) within upgraded planter islands, Item No. B15 Excavate/Export Soils within Planters: Work under this item shall include excavating and exporting soils within the planter islands to a bottom depth below existing elevations shown on plan and cross section detail and all other work items as required for performing the work in place. The existing soils are to remain in place below proposed finished grade lines adjacent to the back of curb and extending inward a distance of 2.5 feet. Minimize load on bottom of excavated area to maintain permeability of soil. Bottom 6 inches of excavated area to be loosened and removed using rake and grab method instead of standard scoop method. Item No. B16 Amended Soils: Work under this item shall include importing and placing amended soils within landscape islands per plan and details, the amended soil gradation shown on drawings, and all other work items as required for performing the work in place. Item No. B17 Inflow PCC Curb: Work under this item shall include constructing 6 - inch Type "B" curb per City of Newport Beach Standard Drawing No. Std -182-L and modified per details to allow runoff to flow from parking lot into planter area and all other work items as required for performing the work in pace. Item No. B18 Energy Dissipater: Work under this item shall include constructing energy dissipaters using 3- to 6 -inch cobbles embedded into soil and all other work items as required for performing the work in place. Item No. B19 Planter Re -Vegetation: Work under this item shall include planting native, drought tolerate vegetation within landscape islands per plant palette provided on the project drawings and all other work items as required for performing the work in place. If available from Tree of Life Nursery, purchase of coast sage plants grown from Crystal Cove State Park seed stock. State Parks will provide seed for the hydroseed mix from its locally -collected sources. See Reef Point drawings for additional notes. Item No. B20 Pervious Concrete: Work under this item shall include constructing pervious concrete gutter to match existing elevations and grades and all other work items as required for performing the work in place. Item No. B21 Overflow Outlet PCC Curb: Work under this item shall include constructing 6 -inch Type "B" curb per City of Newport Beach Standard Drawing No. Std -182-L and modified per details to allow runoff in excess of the planter capacity to SP 17 OF 30 exit from the planter into the parking lot area and all other work items as required for performing the work in place. Item No. B22 Modular Wetland System: Work under this item shall include furnishing and installing a Modular Wetland System (MWS) Linear Vault Type, or equivalent, per plan, details, and manufacturer's recommendations and all other work items as required for performing the work in place. This item includes excavation and exported of excavated material. Area of excavation shall extend a minimum of 6 inches beyond the sides of the MWS structure exterior walls. The unit shall operate by gravity flow. The MSW unit shall have a 28 -day concrete compressive strength of 5,000 psi and rated for a parkway load of 300 psf. Plant native plants as designated in the plant palette provided on the project drawings . Item No. B23 Reservoir Overflow Drain Pipe: Work under this item shall include furnishing and Installing slotted, 4 -inch, schedule 80 PVC pipe, or equivalent, directly beneath top gravel layer as overflow drain for system and all other work items as required for performing the work in place. Cut hole in side of existing drop inlet in order to connect overflow drain to existing drop inlet. Ensure connection to inlet is completely sealed. Item No. B24 Modular Wetland System Discharge Pipe: Work under this item shall include furnishing and installing 6 -inch SDR -35 storm drain pipe from MWS to existing to drop inlet and all other work items as required for performing the work in place. Cut hole is side of existing drop inlet in order to connect discharge pipe to the existing drop inlet. The invert of the discharge pipe shall penetrate center of existing inlet at 0.1 feet above the drop inlet bottom elevation at the wall being penetrated. Item No. B25 Parking Space Striping: Work under this item shall include painting 4 - inch wide white parking stall striping to match pre -construction locations and all other work items as required for performing the work in place. Item No. B26 Asphalt Concrete: Work under this item shall include constructing asphalt concrete section (4 -inch asphalt concrete over 5 -inch class 11 base and all other work items as required for performing the work in place. Item No. B27 Modular Wetland System Level Bed/Backfill: Work under this item shall include furnishing and installing a 6 -inch leveling bed of '/2 -inch gravel beneath MWS structure. Extend gravel 6 inches past edges of structure. After installation of MWS fill materials consisting of suitable onsite materials (silty sand or silty sand with clay [<15% clay]) or washed rice stone shall be placed and compacted to 90% relative compaction (per ASTM 1557) above gravel along all sides of MWS structure. Work under this item shall also include all other work items as required to complete the work in place. Item No. B28 Remove Curb: Work under this item shall include sawcutting and removing existing curb in locations shown on the plan and details and all other work items as required for performing the work in place. Item No. B29 Remove Curb and Gutter: Work under this item shall include sawcutting and removing existing curb and gutter in locations shown on the plan and details and all other work items as required for performing the work in place. Item No. B30 PCC Curb: Work under this item shall include constructing 6 -inch Type "B" curb per City of Newport Beach Standard Drawing No. Std -1 82-L and all other work items as required for performing the work in place. Item No. B31 Reservoir Discharge Piping: Work under this item shall include furnishing and installing 6 -inch SDR -35 piping to convey flow from the 4 -inch under drain piping to the MWS structure per plan and details and all other work items as required for performing the work in place. Item No. B32 Clean Out: Work under this item shall include constructing clean outs per plan and details and all other work items as required for performing the work in place. Item No. B33 90° Bend and Clean Out: Work under this item shall include constructing a 90° bend with a clean out per plan and details and all other work items as required for performing the work in place. Item No. B34 SDR -35 Pipe: Work under this item shall include furnishing and installing 6 -inch (or 4 -inch) SDR -35 pipe with gasketed, integral bell and spigot per plan and details and all other work items as required for performing the work in place. Item No. B35 SDR -35 PVC Wye Branch Fitting: Work under this item shall include furnishing and installing 6 -inch x 6 -inch (or 4 -inch x 4 -inch) SDR -35 PVC Wye branch fitting per plan and details and all other work items as required for performing the work in place. Item No, B36 ABS Stopper: Work under this item shall include furnishing and installing 6 -inch (or 4 -inch) ABS stopper per plan and details and all other work items as required for performing the work in place. Item No. B37 SDR -35 450 Bend Fitting : Work under this item shall include furnishing and installing 6 -inch (or 4 -inch) SDR -35 450 bend fitting per plan and details and all other work items as required for performing the work in place. Item No. B38 Clean -Out Cover: Work under this item shall include furnishing and installing clean out cover consisting of Brooks Products No. 9 valve box (9 -inch diameter) with concrete cap secured in place with screws per plan and details and all other work items as required for performing the work in place. Item No. B39 PCG Concrete Collar: Work under this item shall include Furnish and install construct 2 feet by 2 feet by 12 -inch deep, cast in place concrete collar centered on clean out with fiber reinforced concrete with compressive strength of 3,500 psi per plan and details and all other work items as required for performing the work in place. Outer edge of concrete to be flush (+/- '/2 -inch) with proposed finished surface of pavers. Concrete to be flush with top of proposed clean out valve box (+/- Y -inch). Item No. B40 Excavate Soils/Minimize Load on Area: Work under this item shall include excavating and exporting existing soils beneath asphalt concrete and where modular wetland system (MWS) is proposed as shown on plan and cross section details and all other work items as required for performing the work in place. Minimize load on bottom of rock reservoir excavated area to maintain permeability of soil. Bottom 6 inches of rock reservoir excavated area to be loosened and removed using rake and grab method instead of standard scoop method. Item No. B41 Remove Gutter Pan: Work under this item shall include sawcutting and removing existing PCC gutter pan at flow line or on curb side of flow line and all other work items as required for performing the work in place. Item No. B42 Cross Fitting: Work under this item shall include furnishing and installing 6 -inch X 4 -inch schedule 80 PVC cross fitting and all other work items as required for performing the work in place. Item No. B43 End Cap: Work under this item shall include furnishing and installing 4 - inch schedule 80 PVC end cap fitting and all other work items as required for performing the work in place. Item No. B44 As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,800 is determined for this bid item. Los Trancos Creek Maintenance Project Item No. C1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. This item all includes the fabrication and posting of the project recognition sign (see Section 7-10.7). It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. C2 Invasive Species Removal: Work under this item shall include removing and properly disposing of all species of plants within the project limits that are determined to be non-native plant species and all other work items as required for performing the work in place. Non-native plant species to be removed include, but are not limited to, salt cedar (Tamarisk sp), kikuyu grass (Pennisetum clandestinum), nasturtium (Tropaeolum majus), bristly axe tongue(Picris echioides), artichoke thistle (Cynera carduncutus), Bermuda buttercup (Oxalis pes-caprae) and scarlet pimpernel (Anagaliis arvensis). The project limits include the area between the concrete walls under the upstream vehicle bridge down to the sandy beach area and the Pacific Ocean. All existing native plant species shall be protected -in-place where possible, and/or salvaged and relocated to elsewhere within the channel if these plants exist within the work limits. Native species to be protected/relocated shall include, but are not limited to, common pickleweed (Salicornia virginica), salty -Susan (Jaumea camosa), salt grass (Distichlis spicata), mulefat (Baccharis salicifolia), arroyo willow (Salix lasiolepis), common cattail (Typha latifolia), American tule (Scirpus americanus), Hooker's evening primrose (Oenothera elata), western ragweed (Ambrosia psilostachys) and coyote bush (Baccharis pilularis). Removal of non-native species shall include removing each non-native plant entirely, including roots. No machinery shall be used within the channel walls and non-native species shall be removed by hand or by using hand tools. Item No. C3 Revegetation With Native Plant Species: Work under this item shall include planting native, vegetation types and quantities within project limits per plant palette provided on Sheet 2 of the project drawings (plant palette attachment to this document) and all other work items as required for performing the work in place. No machinery shall be used within the channel walls. All revegetation work shall be done by hand or by using hand tools. Item No. C4 Trench Excavation: Work under this item shall include excavating using hand tools a small, shallow trench (approximately 0.5 feet in depth, one foot in width, and side slopes of 1:1 [horizontaCvertical]) parallel to the channel walls and through the approximate center of the accumulated sediment located downstream of the pedestrian bridge and all other work items as required for performing the work in place. Any existing native plants within this work area shall be salvaged and relocated to elsewhere within the channel, under the direction of the habitat restoration specialist, or other designated city representative. Spoils from excavation shall be spread evenly, width of 3 feet, along the channel (wet) side of the adjacent north channel wall. No machinery shall be used within the channel walls. Item No, C5 Relocate Rock: Work under this item shall include relocating the existing cobble and rock within the project limits to the area adjacent to north channel wall where the existing depths are greatest (i.e., just upstream, under, and downstream of the pedestrian bridge) and all other work items as required for performing the work in place. Smaller rocks and cobbles shall be placed first, over spoils from the trench excavation (Bid Item C4) where applicable, and larger rock shall be placed over the smaller rock and cobble. No machinery shall be used within the channel walls. Item No. C6 Remove Debris, Trash, and Organic Materials: Work under this item shall include removing from site existing concrete debris, trash, organic materials (tree branches, logs, seaweed, etc.), and other materials not associated with the existing improved channel or the proposed maintenance and all other work items as required for performing the work in place. No machinery shall be used within the channel wails. Item No. C7 Construction Fence: Work under this item shall include furnishing and installing orange construction fence with a height of 6 feet supported with steel fence poles spaced no greater than 4 feet on center. Fences are required around the staging area along the north side of the channel. Adequate distance shall remain between the proposed construction fence and restaurant decking to allow the flow of pedestrian and vehicle traffic. Work under this item shall also include protect -in-place or restoring all existing improvements damaged by the work, and all other work items as required for performing the work in place. Item No. C8 As -Built Drawings (and DBE Certification if applicable). Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $800 is determined for this bid item. 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." 200-1 ROCK PRODUCTS 200-1.2 Crushed Rock and Rock Dust — Add the following: "Y2 -inch gravel gradation shall be: ASTM Sieve Size Percent Passing b weight 314 -in 100 112 -in 75-1_00_ 318-inT 50-95 114 -in 0-50 No. 4 _ 0-39 No. 8 0-23 No. 16 0-8 M 200-1.5 Sand. Add the following: "200-1.5.6 Sand for Rock Reservoir. Sand layer gradation shall be in conformance with ASTM C33 for fine granular aggregate: ASTM Sieve Size Percent Passina (bv wei ht 318 in 100 No. 4 95-100 No. 8 _ No. 16 80-100 50-85 No. 30 2 60 No. 50* 5-30 No. 100* .0-10 No. 200* <5 *Materials passing No. 50 sieve combined shall be non lastic using—Atterberg limits. Add the following section: "200-3 Rock Reservoir Rock reservoir gradation shall be: m ASTM Sieve Size Percent Passing (by weight) 6 -inch 100 4.5 -inch 30-70 3 -inch 10-20 1.5 -inch 0-5 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." 201-1.6 Pervious Concrete. Add to this section: "Pervious concrete shall be installed per Greenbook specifications by a certified "Pervious Concrete Installer" or "Pervious Concrete Craftsman," A minimum of one core for each pervious concrete pour shall be prepared (with same compaction effort as placed slab) and tested with a target dry density of 105 pcf to 130 pcf and porosity between 15% and 25% per ASTM C1688.° 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the drawings." SP 23 OF 30 201-7.2 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." M. 1 z• ,� . 203-5 EMULSION -AGGREGATE SLURRY 203-5.2 Materials. Replace a) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS-1h of 203-1.3 (Test Reports and Certification), 203-3.2, and to the following specifications when tested according to appropriate ASTM Methods: Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/2 percent of weight of the emulsified asphalt. Latex - added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203-5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203-5.3 Composition and Grading. Add this Section: "Replace Residual Asphalt percentage of Cry Aggregate Weight for Type It aggregate from a value of 7.5 minimum to 8.5 minimum." 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures. SP 24 OF 30 203-6-4.3 Composition of Grading: Add this Section: "Asphalt Concrete for the finish course shall be C2 64-10 and B 64-10 for the base course." 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 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290 PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.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 SP 25 OF 30 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 Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches," Replace the words 1-Y2 '/ inch" of the last sentence with the words "two (2) inches". Add the following section. "300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer 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." SECTION 302 ---ROADWAY SURFACING SECTION 302-4 EMULSION -AGGREGATE SLURRY 302-4.3 Application 302-4.3.1 General. Add to this section; "Type I slurry shall be applied at the rate of 9.5 pounds per square yard. Type II slurry shall be applied at the rate of 13 pounds per square yard. SP 26 OF 30 At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302-4.3.2 Spreading. Replace the first sentence of the second paragraph with, "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed -killer before any slurry shall be applied." 302-4.3.3 Field Sampling. Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301-4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing." 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General. Add to this section: "All cracks %-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (e.g, no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-Y2 inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.G. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SP 27 OF 30 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.4 Joints 303-5.5 Finishing 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 303 — CONCRETE AND MASONRY CONSTRUCTION 303-8 — PERVIOUS CONCRETE 303-8.5 Placement. Add the following: "Pervious concrete shall be a minimum of 5.5 - inch thick, approximately 2 feet in width, and placed per plan and cross sections. Pervious concrete shall be installed per manufacturer's specifications by a certified "Pervious Concrete Installer" or "Pervious Concrete Craftsman." A minimum of one core for each pervious concrete pour shall be prepared (with same compaction effort as placed slab) SP 28 OF 30 and tested with a target dry density of 105 pcf to 130 pcf and porosity between 15% and 25% per ASTM C1688." Add the following: "303-9 PERVIOUS PAVERS. Pervious pavers shall be prismatic in plan and formed with straight, uniform edges. The tolerance for the flat portions of the sides shall not exceed 1/32" as measured with a steel straight edge. "Slumped" pavers exceeding this tolerance will be rejected. The length, width and thickness of the paving stones shall meet the allowable tolerances specified in ASTM C 936. Pavers shall be placed and cut to prove a full and complete surface. Pavers shall be cut using a masonry saw. Splitting shall not be permitted. All cut faces shall be vertical. Dry cutting of the pavers shall be performed utilizing a dust collection system. Once all pavers (full and cut shapes) have been placed the Contractor shall inspect the pavers for damaged units and remove and replace those units. Once all pattern lines have been straightened, a void filler shall be placed into the paver openings to the top of the chamfer on the pavers and the surface swept broom clean. Surface tolerances shall be plus or minus Y2' from finish levels. The pavers shall be flush to Y2' above edge restraints. Additional void filler material shall be swept in the paver voids, as required, to within YZ" from the bottom of the chamfer on the paving stones. Upon completion, the wearing course surface shall be swept clean of all excess materials." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning SP 29 OF 30 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 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the drawings. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight," 310-5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section: "310-6.6.11 Pavement Markers. "All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290." Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS Contractors State License ,` is x - - l� DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number 949397 Extract Date 3/22/2013 ......TED ENTERPRISES INC. _..... Business Information Business Phone Number: (949) 361-3065 Classifications A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR Bonding CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100130251 Bond Amount: $12,500 Effective Date: 06/24/2010 BOND OF QUALIFYING INDIVIDUAL. 1. The Responsible Managing Officer (RMO) VALDEZ JOE certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 10/07/2010 BQI's Bond History Workers'Compensation WORKERS'COMPENSATION https://www2.cslb.ca. gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNuiu=9... 03/22/2013 555 N EL CAMINO REAL A362 SAN CLEMENTE, CA 92672 Entity Corporation..... Issue Date _ 06/28/2010 Expire Date 06/30/2014 ACTIVE License Status This license is current and active. All information below should be reviewed. CLASS UESCRIPTfON Classifications A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR Bonding CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100130251 Bond Amount: $12,500 Effective Date: 06/24/2010 BOND OF QUALIFYING INDIVIDUAL. 1. The Responsible Managing Officer (RMO) VALDEZ JOE certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 10/07/2010 BQI's Bond History Workers'Compensation WORKERS'COMPENSATION https://www2.cslb.ca. gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNuiu=9... 03/22/2013 Check- a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND Policy Number: 71334397 Effective Date: 09/01/2012 Expire Date: 09/01/2013 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List I Ch er Licenses jarindituLng of Use I Privacy Policy Copyright @ 2010 State of California https:llwww2.cslb,ca.gov/OnIiiieServices/Cheek-LicenselIlLicenseDetail.aspx?LicNum=9... 03/22/2013 Best's Credit Rating Center - Company Information for Allegheny Casualty Company Page l of 2 Allegheny Casualty Company A.M. Best #:00010] NAIL#:13285 FEIN#:250315340 Address: One Newark Center 20th Floor Newark NJ 07102 United States Web: weed IFIC.com Phone: 91 Fax: 973-7332639 Based on A.M. Best's entity of the corporate Rating: A -(Excellent) Financial Size Category: V ($10 Million to $25 Million) Outlook: Stable Action: Affirmed u seance weer No—.erre mi Long -Tenn: a - Outlook: Stable Action: Affirmed Data: January 11, 2013 the AMB Ultimate Parent and identifies the topmost Office: A.M. Best Company, Oldwick NJ Financial Analyst: Scott Dodd Assistant Vice President: Gerard J. Altony Print this Daae L) Assigned to RrwcW Rxi companies sgESi that have In A- `. t our opinion, an excellent ability to meet their ongoing insurance obligations. >tr' AMB Credit Report -Insurance Professional -includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 2/13/2013 (represents the latest significant change). ,j=- Historical Reports are available in AMB Credit Resort- Insurance Professional Archive Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2013 Best's Statement File- P/C, US Contains data compiled as of 4/23/2013 Quality cross checked. • Single Company- five years of financial data specifically on this company. • Comparison - side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. Best's Key Rating Guide Presentation Report- includes Best's Financial Strength Rating and financial data as provided in the most current edition of Best's Key Rating Guide products. 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Best Asia-Pacific Ltd is registered as a Credit Rating Agency in Australia and holds a Financial Services Licence number 411055 under the Corporations Act of 2001. http://www3. ambest.com/ratings/entities/CompanyProfile.aspx?ambnum=107&URATIN... 04/24/2013 Business Search - Business Entities - Business Programs Page 1 of 1 Secretary of State Administration Elections Business Programs Political Reform Archives Registries Business Entities (BE) Online Services - E -File Statements of Information for Corporations Business Search - Processing Times - Disclosure Search Main Page Service Options Name Availability Forms, Samples & Fees Statements of Information (annual/biennial reports) Filing Tips Information Requests (certificates, copies & status reports) Service of Process FAQs Contact Information Resources - Business Resources - Tax Information - Starting A Business Customer Alerts - Business Identity Theft - Misleading Business Solicitations Business Entity Detail Data is updated to the California Business Search on Wednesday and Saturday mornings. Results reflect work processed through Tuesday, March 19, 2013. Please refer to Processing Times for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. Entity Dome: TED ENTERPRISES INC. Entity N um€5er. C3281458 Date Filed: 02/26/2010 Statas:) ACTIVE .Fu i'diction: CALIFORNIA Entity Address: 555 N EL CAMINO REAL A362 Entity City, State, Zip: SAN CLEMENTE CA 92672 Agent fog' Service of process: KELLEY ANN HOLT Agent Address: 1205 CALLE TOLEDO Agent City, State, Zip: SAN CLEMENTE CA 92672 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. 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Modify Search New Search Printer Friendly Back to Search Results Privacy Statement I Free Document Readers Copyright © 2013 California Secretary of State http://kepler.sos.ca.gov/ 03/22/2013 3125113 Cityof Newport Beach Quest Calendar Subscribe to Mews to Alerts PACs contact tsu Quest Onfine Service Requests Eiuslrtess LiCenseAPPlication - eReceipt 312512613 Congratulations 3crel Your Business License Application has been submitted and your payment has been received. Your application wili now be reviewed by a staff member and then approved accordingly. `. Please wart Lo business days to receive your Business License Certificate via Postal Service. You may login to Quest at any time to view the status of your request. Receipt NO: 442226445 Business License BT30042764 Total Amount: $238.00 Please help us improve our services: Take a _a0 second Survey a Vigw reOuests Please print this receipt for your records. https./Mww5.newportbwchca.godq uestlbus_licenselrecelpt.aspa?receipt=442226445&license=BT30042764&amt=238.00 .111 IhO 0 a v 10 0 0 0 0 0 1 0 0 0 1 0 0 0 mo O O O O q w e O t 000 OO lO vl N O N vt m t0 N'm m W Ol V N h m M O fl M V O N O O N O O N N N O . O Vl Vl N O h M V1 M M 01 M M Z ul O O N O Ol i� m m M h M O) In N W pl N O W O N 'i h `i 01 M N M V O h 1� Ol O) w(CO m N t0 t0 tO V M N h N lO 'i 4(1 O v1 l0 IO DJ CI M M l0 Ill N Ol N h i� h O'Ol O a V M M O Q vt O O h ul N Oc0 M W v) N O vl O h O vl O Ill O O m vl v) \D ut rI O ul h N h m 110 W N ttl Ol t0 1� Ol Ol M LI?O l Vl 'i Ol V O w. m l!) O N O O M 1i M Ol M N O :N V W c0 Ol lD m r :.m h v1 M V h tD N lO m m to O h O m Ol m O O O vl lO M O W M O O.cO .-i W N M Ol vl o M N N N a/1 m M M V? ri V? 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V O 0N" W Ltl e-1 N N N N 4/} N N N 'Ih N N Vf 4f i/1 i/F i/} N J ¢ Q.. W N a Vl !n� y� LL J LL 1n LL N } U } U00 J } U LL Vf LL J W }}> U U J N W W �3 ~ o O O lR N ti t0 O I`� O O W o O W w O N Z O H Q U � z Z w OQ ��ZH �Z z. L O p z m m O U Z` Y vui H ti n Z p m mw Y� O >OY p W w N 6 z N.r m V O a 0 Q< I 0 0 0 0:RU V -Ep j a 60 'u �w.�p 9w 0r O j Zw V'O 00 u ° E w cc < Z -+ V Jw J ¢ aZ W m0¢mU mUa0 WadvomZ a Z o ¢ u ZQ <Zhx W a a O ap VU 0 F- OZ� LL wOz mm wOOOtc �pQ U o OZ \yz0 j � w LLz= xmamZ=a oW VZ>Nunm J LL z m w 0 m uOm ->O J w w¢ wOIwO OO< ry ma xO �n for W m Q O O N ti ti.a-1ti w< ti au0mULL>UK02EV Q zow w F :a < as a a a a a a a a a a a a -i a a a a m m m m m m m m m m m m m m m m m m Rooks, Shari From: Anderson, Cheryl Sent: Tuesday, March 26, 2013 3:45 PM To: Rooks, Shari Subject: RE: Pollution Liability Insurance waived for Shorecliffs Catch Basin, et at. project Ok,to remove pollution liability. Thanks, Human Resources Supervisor City of Newport Beach Phone (949) 644-3307 Fax (949) 723-3509 THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAWS. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, forwarding, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender Immediately by e-mail or telephone, and delete the original message immediately. Thank you. From: Rooks, Shari Sent: Tuesday, March 26, 2013 12:07 PM To: Anderson, Cheryl Subject: RE: Pollution Liability Insurance waived for Shorecliffs Catch Basin, et al. project 2-6 WORK TO BE DONE Add to this section, "This contract consists of three projects: 1) Shorecliffs Road Catch Basin Modifications, 2) Reef Point Parking Lot Biofiltration System, and 3) Los Trancos Creek Maintenance. The work necessary for the completion of the Shorecliffs Road Catch Basin Modifications includes furnishing and installing biomedia filter screens in an existing catch basin, excavating and installing an infiltration unit in-line with an existing storm drain and installing a segment of porous concrete sidewalk. The Reef Point Parking Lot Biofiltration System project located in a parking lot in Crystal Cove State Park, includes removing asphalt pavement and replacing it with an infiltration gallery, installing a modular wetland system, andexcavating and refurbishing two parking 'lot islands to allow for infiltration. The hos Trances Creek Maintenance project includes restoring a short reach of the creek near the outlet to the ocean through removal of dirt and invasive plants and installing rip -rap and native plants. The contract includes fabricating and installing recognition signage at each site." From: Anderson, Cheryl Sent: Tuesday, March 26, 2013 12:00 PM To: Rooks, Shari Subject: RE: Pollution Liability Insurance waived for Shorecliffs Catch Basin, et al. project What are they doing for us? *eV1 IeAwd " OfAdeuon, .ARM Human Resources Supervisor aa po CITY OF:- R NEWPORT BEACH City nil Staff Report Agenda Item No, 5 April 9, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. ebb, Public Works Director 949-644-3311, dawebb ne o beachca dov PREPARED BY: Robert Stein, Assistant City Engineer 949-644-3322, Mtgjn a newoortbeachca, oy APPROVED: TITLE: Shorecliff Road Catch Basin Modification, Reef Point Biofiltration System, Los Trancos Creek Maintenance — Award of Contract No. 5287 ABSTRACT: In the City's on-going efforts to protect the water quality of the Area of Special Biological Significance (ASKS) along Newport Coast and to address new regulations for curtailing dry weather flow to the beach, staff requests City Council approval to award the Shorecliff Road Catch Basin Modification, Reef Point Biofiltration System and Los Trancos Creek Maintenance projects to Ted Enterprises, Inc. RECOMIENDA IONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 5287 to Ted Enterprises, Inc., (Ted Enterprises) for the total bid price of $241,691.00 and authorize the mayor and the City Clerk to execute the contract, 3. Establish a contingency of $24,000.00, approximately 10 percent, to cover the cost of unforeseen work. 4. Approve Budget Amendment No. 13BA-93 2 transferring $36,191.00 from Account 7012- 22502010 (Storm Drain Interceptors) to Account 7014-05002006 (Newport Coast ASKS). FUNDING REQUIREIUIENTS: Upon approval of the budget amendment, sufficient funds are available as follows: Account Description Account Number mount Newport Coast ASKS Protection Program 7255-C5002006 $ 229,500.00 Newport Coast ASBS Protection Program 7014-C5002006 36,191.00 Total $ 265,681.00 1 of 6 Shorectiif Road Catch Basin Moditicatlon, Reef Point Biofiltration System, Los Trances Creek Maintenance —Award of Contract No. 5287 April 09, 2013 Paget Proposed uses are as follows Vendo Purpose Amount Ted Enterprises Construction Contract 241,691 .00 Ted Enterprises Construction Contingency 24,000.00 Total: $ 265,691.00 At 10:00 a.m. on March 19, 2013, the City Clerk opened and read the following bids for the Shoreoliff Road Catch Basin Modification, et al. project: 'As -bid amount is $247,029.00 2As-bid amount is $258,268.00 sAs-bid amount is $272,340.00 4As4d amount is $312,129.00 BAs -bid amount is $382,355.00 Footnotes 1 — 5 designate minor irregularities in bid amounts submitted by the respective contractors. For example, Ted Enterprises, the apparent low bidder, inadvertently included a bid item that was deleted per Addendum No. 1 to the bid package. Staff conferred with Tedd Enterprises who concurred with the corrected total bid amount of $241,691.04, None of the minor irregularities in bid amounts changed the order of bids or determination of the low bidder. The low bidder, Ted Enterprises, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Ted Enterprises' references indicates satisfactory completion of capital improvement projects in other municipalities including the Cities of Santa Ana, Rancho (Mirage, Laguna Beach and Sart Clemente. Ted Enterprises' corrected total bid amount of $241,691.00 is approximately 3 percent below the Engineer's Estimate of $250,000.00. Bali Construction, Inc., as represented by Mark C. Hargan; submitted a letter protesting the bid of Ted Enterprises claiming the bid contained a mathematical error and other incomplete information and should be rejected as non-responsive. The mathematical error referenced by Mr. Hargan was clarified as a typographical error in the bid proposal and did not change Ted Enterprises' total bid amount. Staff found the other items in the protest letter were minor in nature and concluded that the bid submitted by Ted Enterprises should be deemed responsive and not be rejected. 2or6 BIDDER Low Ted Enterprises 2 Bali Construction Inc. 3 Post Earthworks 4 Atom Engineering 5 SRIF Engineering 6 GCI Construction Inc, 7 The Richards Group S Paulus Engineering, Inca 'As -bid amount is $247,029.00 2As-bid amount is $258,268.00 sAs-bid amount is $272,340.00 4As4d amount is $312,129.00 BAs -bid amount is $382,355.00 Footnotes 1 — 5 designate minor irregularities in bid amounts submitted by the respective contractors. For example, Ted Enterprises, the apparent low bidder, inadvertently included a bid item that was deleted per Addendum No. 1 to the bid package. Staff conferred with Tedd Enterprises who concurred with the corrected total bid amount of $241,691.04, None of the minor irregularities in bid amounts changed the order of bids or determination of the low bidder. The low bidder, Ted Enterprises, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Ted Enterprises' references indicates satisfactory completion of capital improvement projects in other municipalities including the Cities of Santa Ana, Rancho (Mirage, Laguna Beach and Sart Clemente. Ted Enterprises' corrected total bid amount of $241,691.00 is approximately 3 percent below the Engineer's Estimate of $250,000.00. Bali Construction, Inc., as represented by Mark C. Hargan; submitted a letter protesting the bid of Ted Enterprises claiming the bid contained a mathematical error and other incomplete information and should be rejected as non-responsive. The mathematical error referenced by Mr. Hargan was clarified as a typographical error in the bid proposal and did not change Ted Enterprises' total bid amount. Staff found the other items in the protest letter were minor in nature and concluded that the bid submitted by Ted Enterprises should be deemed responsive and not be rejected. 2or6 MIum,60 rtcraul Cutdr ds' ill Axiirtnntiu€r, f# ICPedIst NoRr.a#iun.,y.{arrr, Lw 7 rkurrrtt: Gic�{t AR,e&1t.ar �srru- fivt,r:l ui S"tAduir$lFlti. !i7.!}Y Matt OD, 2913 f';tiiw 3. This project will construct improvements at throe sites. At Shomoliff Road, a catch basin biofiltration screen will be installed and an infiltration gallery will be constructed, At Reef Point, an Infiltration gallery will be Installed in the parking lot, At Los Trances Greek, the ponds near the mouth of the creek will be refurbished and replanted. Pursuant to the contract specifications, the contractor will have 50 consecutive working days to complete the work at Shorecliff Road, 40 working days to complete the work at Reef Point, and 30 stays to complete the work at Los Trances Greek. All projects will run concurrently. lcNlflRON EN7"AI- RgYJE tot: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (minor alteration of existing public structures, facilities or topography involving negligible expansion of use) of the CEQA Guidelines, Calterrila Coda of Regulations, Title 14, Chapter 3, because It has no potential to have a significant effect on the environment. NUT GING: 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). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by. David A. W b Public Works Director Attachments; A. Location Map for Each Site B. Budget Amendment 3or6 Al IAGI IMI NTA PROJECT TRACTBOUNDARY PACIFIC OCEAN LOCATION MAP BASIN MODIFICAP NdS PROJECT CITY Of NEWPORT BEACH DCPARTMENT OF K)SUC WORKS 3300 NEWPORT BEACH BLVD, NEWPORT BEACH, CA 92503 4 of 6 MA A('; IMI -14i A 'Y CRYSTAL COVE I>RoMr-_NAi3E r PROJECT LOCATIO 1 %1;mY CRYSTAL COVErY�2 STATE PARR C-5287 LOCATION MAP CITY OF NEWPORT BEACH BATF:. t33j2G/ia al l}nlil tfNr ar i uBLIC WAORKS REEF POINT PARKING LOT 3300 KWORT BEACH BLVD, SCALE: N.T.S 810FILTRATION SYSTEM PRO"T' NEWPORT BEACH, CA 92663 Siii- i of f 5ot5 Al IMIMI.Nl A CRYSTAL COVE STATE PARK PUOLIC PARKING LOT { •-,e J � 1 PROJEOT^^ LOCATION F ++ t+ COTTAGE {TVR) ,+ + v + + 0 CRYSTAL COVE %STATE IV Ej- C-•5287 LOCA*nON MAP CITY OF NEWPORT BEACH DATE: 03/20/13DEPARTMENT OF PUBLIC WORKS LOS TRANCOS CREEK 3300 NEWPORT BEACH BLVD, SCALE: N.T,S. MAINTENANCE PROJECT SHEET 1 OF 1(a NEWPORT BEACH, CA 92663 14M City of Newpott Beach NO. SA- 13BA-037 BILIPUETAMENOMENT } AMOUNT: i EFFECT ON BUDGETARY r BudgetaryIncrease Revenue Estimates Increase in ® - f` s '•fi Ni • i r. if aa Balance: Transfer Budget Appropriations Ij No effect on Budgetary Fund Balance *om existing budget appropriations from additional from unappropriated estimated} balance This budget amendmentrequested to providefor following: ACCOUNTING ENTRY*• BUDGETARY FUND BALANCE Fund ftount REVENUE ES77MATES (3601) Eua4Qbd gn Accou EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Credit Signed: W(/ Signed: Approval: Y--/�-/ Date `h Date Signed: City Council Approval: City Clerk Date Descd on Division Number 7012 Drainage Account Number C2502010 Storm Drain Interceptors Division Number 7014 Misc & Studies Account Number 05002006 Newport Coast ASBS Water Quality Division Number Account Number Division Number Account Number Signed: W(/ Signed: Approval: Y--/�-/ Date `h Date Signed: City Council Approval: City Clerk Date