Loading...
HomeMy WebLinkAboutC-7001-2 - Lido Village Water Main Replacement ProjectMay 28, 2020 Paulus Engineering, Inc. Attn: Jason Paulus 2871 E. Coronado Anaheim, CA 92806 Subject: Lido Village Water Main Replacement — C-7001-2 Dear Mr. Paulus: CITY OF NE4+lPORI SCAC;i 100 Civic Center Drive Newport Beach, California 92660 949-644-:5005 1949 644-3039 rAx newportbeachca.gov On May 28, 2019, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 30, 2019 Reference No. 2019000183802. The Surety for the contract is North American Specialty Insurance Company and the bond number is 2208646. Enclosed is the Faithful Performance Bond. Sincerely, owl Leilani I. Brown, Inc, City Clerk Enclosure { c)� • I; _ori ; c i ill C'7CIt-OP-� May 28, 2020 Paulus Engineering, Inc. Attn: Jason Paulus 2871 E. Coronado Anaheim, CA 92806 Subject: Lido Village Water Main Replacement — C-7001-2 Dear Mr. Paulus: CITY OF NE4+lPORI SCAC;i 100 Civic Center Drive Newport Beach, California 92660 949-644-:5005 1949 644-3039 rAx newportbeachca.gov On May 28, 2019, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 30, 2019 Reference No. 2019000183802. The Surety for the contract is North American Specialty Insurance Company and the bond number is 2208646. Enclosed is the Faithful Performance Bond. Sincerely, owl Leilani I. Brown, Inc, City Clerk Enclosure EXECUTED IN TWO COUNTEi RTS EXHIBIT B BOND NO. 2208646 PREMIUM $29,171 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 29,171.00 being at the rate of $ $14.40 / $8.70 / $7.00 PER thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for the removal of existing 4 -inch or 6 -inch distribution main; construction of 6 -inch, 8 -inch and 12 -Inch valves; construction of 6 -inch and 8 -inch distribution main including all appurtenances, fittings, services and connections to the existing water system; removal of existing 8 -inch sewer main including sewer manholes; and construction of 8 -inch sewer main and manholes. The work involves an open -cut method to install C-900 PVC DR 14 water distribution pipe, fittings, high -lining, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the "Contract Documents" as defined in Section 1 of this Contract. The work also includes removal of the existing sewer main and manholes, sewer bypassing, construction of sewer main and manholes in Via Oporto and Via Malaga, lateral reconnections, pavement restoration and appurtenant work as required by the "Contract Documents" as defined in Section 1 of this Contract, in the City of Newport Beach, In strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Million One Hundred Fifty Two Thousand Nine Hundred Twenty Eight Dollars and 00/100 ($3,152,928.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not Paulus Engineering, Inc. Page B-1 exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been dul) ey6cuted by the Principal and Surety above named, on the 7TH day of MARCH ! 21. PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 475 N. MARTINGALE RD., SUITE 850 SCHAUMBURG, IL 60173 Address of Surety (714) 550-7799 Telephone APPROVED AS TO FORM: CITY ATTOR,NEY'S OFFICE Date: 3 /1( /1 -4 - By: Aaron C. Harp, City Attorney KAP +� + Signature CHARLES L. FLAKE, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page B_2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of } ss. On .20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Paulus Engineering, Inc. Page B-3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT t+ notary pumtc or other otticer completing this certtttcate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange _ } On March 7, 2017 befbrcme,___ Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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. WITNE y hand and official seal. CYNTHIA J. VALENCIA Commission M 2127262 i • Notary Public - California Orange County Signal of Notary Public (Notary Seal) Comm. Expires Oct 16, 2019+ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number ofpagcs__ Document Datc —---�--�_ Additimml [ntinma[ion CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x__/Title President/Sec Partner Attorney -In -Fact Trustee Other .NIAALL-PURPOSE ACKNOW"._DGMENT A notary public or other offcer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 3-7-17 before me, Lexie Sherwood Notary Public, Dale Insen Name oMotary oxactly as d appears on the official seal personally appeared Charles L. Flake LEXIE S pp"`� x COMM. # 2031782 3 C1 'u NOTARY PUBLIC -CALIFORNIA 0 g ORANGE COUNTY v Comm. Exp. JULY 27, 2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. � Signature,(//p /mit 4 V -6d Place Notary Seal Above Signature of NbtaYy Public'" exle . rerw000 OPTIONAL Though the information below is not required by law it mayprove valuable to persons relying on the document and could prevent fraudulent removal anti reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name O Individual ❑ Corporate Officer —Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: NAS SURETY GROUP NORT11 AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, mid Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIS SHERWOOD 101NTLY OR SEVERALLY Its true and lawful Attorney(s)-ill-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. FIFTY MILLION ($50.000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9" of May, 2012: 'RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile sea] shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \�ap0�NU1Y�!4i4q` �� nwnwax a3craS4b0 bq,(,',(9G�,� y .;ApSlb � a P r B a "PO�r arcyeoP.Anderson, Sol or Vice President ofWas hlapooIatomotion aIInsurance company SIFALF'r'; 5��d %lY� 1B1a po, aj ® Senior wee PmWmt ofNonh American Specialty Innocence Company /'HrYON 41glan 11,aa`teP" P �ye,•p�.�,,.,,- ,"•.i*,:...at Uod M.iAyman,vim Proocit orwashinsion lnfiroodomi Insurance Company 4am NN - k Vico P,midma erNorth Amerkm Specialty Tennessee Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance C.omPany have. caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisl7th _day of ^__,_ Ju y 2014. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 17th day of----! uIY , 2014 'before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duty sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "bpFIG1i1 .Swab DONNA D.SKLENS Notary.Publio, State of I Inois Dolma D. Sklens, Notary Public hf Comltilno Eaphe, :lomwo15 I, Je Goldberg—,_tho duty elected _ t\ssistant Secretary „----pf North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies tbis 7eh day of March , 20 rt . learey Goldherg, Vim PrerMu,t aAsvawr Sa�ahryor Wea�ington Inkmeliaml Imm�nm Canpeny a North Amulcaoapncirlty inrumnce Compu:y August 5, 2019 Paulus Engineering, Inc. Attn: Jason Paulus 2871 E Coronado Anaheim, CA 92806 Subject Lido Village Water Main Replacement C-7001-2 Dear Mr. Paulus: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On May 28, 2019 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 May 30, 2019, Reference No. 2019000183802. The Surety for the Specialty Insurance Company and the bond number is 2208646. Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure County Recorder on bond is North American Enclosed is the Labor & EXECUTED IN TWO COUNTERP, EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 2208646 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for the removal of existing 4 -inch or 6 -inch distribution main; construction of 6 -inch, 8 -inch and 12 -inch valves; construction of 6 -inch and 8 -inch distribution main including all appurtenances, fittings, services and connections to the existing water system; removal of existing 8 -inch sewer main including sewer manholes; and construction of 8 -inch sewer main and manholes. The work involves an open -cut method to install C-900 PVC DR 14 water distribution pipe, fittings, high -lining, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the "Contract Documents" as defined in Section 1 of this Contract. The work also includes removal of the existing sewer main and manholes, sewer bypassing, construction of sewer main and manholes in Via Oporto and Via Malaga, lateral reconnections, pavement restoration and appurtenant work as required by the "Contract Documents" as defined in Section 1 of this Contract, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Million One Hundred Fifty Two Thousand Nine Hundred Twenty Eight Dollars and 00/100 ($3,152,928.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of NewportBeach 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, fall 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 Paulus Engineering, Inc. Page A-1 respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly cecuted by the above named Principal and Surety, on the 7TH day of NAR —'20 17 . PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 475 N. MARTINGALE RD., SUITE 85C SCHAUMBURG, IL 60173 Address of Surety (714) 550-7799 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 (S ;� By: j_-` t �, Aaron C. Harp 0AW 3 Io -47 City Attorney CHARLES L. FLAKE, ATTORNEY-IN-FACT Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Paulus Engineering, Inc. Page A-3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange On March 7, 2017 before me,_.__ Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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. WITNESSy ;hand and official seal. --=--dais / - -- -- - ADDITIONAL OPTIONAL INFORMATION Signature of Notary Public CYNTHIA J. VALENCIA Cammisslon # 2127252 Z Notary pu611c - Callfornla i Orange County s (Notary Seal) M Comm. Ex Ires Oct 15, 2019 OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title President/See Partner Attorney -In -Fact Trustee Other .NIAALL-PURPOSE ACKNO1N�cDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 3-7-17 before me, Lexie Sherwood Date Insed Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake �LE�XIE SHSH RWO�OD� aO"COMM. COMM. # 2031782 M NOTARY PUBLIC•CALIFORNIAORANGE COUNTY Exp. JULY 27, 2017 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. f Signature Place Notary Seal Above Signature of NV�Public "Lexlebnerwood OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner LJ Limited El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing order laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9" of May, 2012; "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached," ""Ul1T1111", a ra by��rfE `c By V' ,1--4iGpHPO/(grY'. Steyen P. Aadoraon, Sent., Vice President ofWerhingloo rntemeeonel rnsurenee ComPeny- tSealer Vice Prnidmt orNanh American specialty tmaunce ComPeny r DaOd M. Layman, VW PreeldAt of Wuhingtex lnlmnNlanal rueonnca Company & Vlce Prc ldanl or North Amedcon Specialty rnaannce Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Cornany have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisl7th day of Ju y 2014 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 17th day of July , 20 14 , before me, a Notary Public personally appeared Steven P Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. n RPPI(,7 CIEAI:" �Im,p �0 "'O NNAD,.SiSKLENS Ntary OubltorState of Illinois Donna D. Sklem, Notary Public CDA1096110a Fla hca:tOhM11015 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a hue and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7th day of March , 20 17 . reniay Goldberg. Vine Pamidml & Avislenl socmttry of WmIdesIon losmatianal lnmrence Compmy & NOM Ameda+n Speciahylmumrse Company Batch 4630322 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 8 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder I lllllllllllllll11l11llj 1111llllll11111111111111 JJJ1Jl1lllllll1l1Jill NO FEE j$ R 0 0 1 0 8 6 7 3 1 2$ 019000183802 8:45 am 05/30/19 90 SC5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "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 Paulus Engineering, Inc., Anaheim, California, as Contractor, entered into a Contract on February 28, 2017. Said Contract set forth certain improvements, as follows: . Lido Village Water Main Replacement - C-7001-2 Work on said Contract was completed, and was found to be acceptable on May 28. 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is North American Specialty Insurance Company. BY Public Works Director 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 III / !� {�� at Newport Beach, Califomia. BY V IVY//t/Wl t t/'I'r` PO City Clerk _4�F https:Hgs.secure-recording.com/Batch/Confirmation/4630322 05/30/2019 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 Paulus Engineering, Inc., Anaheim, California, as Contractor, entered into a Contract on February 28, 2017. Said Contract set forth certain improvements, as follows: Lido Village Water Main Replacement - C-7001-2 Work on said Contract was completed, and was found to be acceptable on May 28, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is North American Specialty Insurance Company. BY �Cx. Public Works Director 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 M at Newport Beach, California. CITY CU71.X CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 25th day of January, 2017, at which time such bids shall be opened and read for LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT Contract No. 7001-2 $ 2,800,000 Engineer's Estimate db Aro ark Vukoje c City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa. CA 92R27 There will be a Mandatory Pre -Bid Meeting on Wednesday. January 11 2017, at 9:00 AM in the Crystal Cove Conference Room (Bay 2D) at 100 Civic Center Drive, Newport Beach, CA 92660 Contractor License Classification(s) required for this project: "A" For further information, call Alfred Castanon, EMiect Manager at (949) 644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: hftg:Hnewportbeachca gov/government/open-transnarent/online services/bids rfos vendor -registration City of Newport Beach LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT Contract No. 7001-2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed, uploaded and received by the City Clerk via Planet8ids 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. Original copies must be submitted to the City Clerk's Office. 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. As a balanced bid gives the City the best assurance that the bid will result in the lowest ultimate cost to the City, lump sum and unit bid items should reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs. Each element of the bid must carry its proportionate share of the total cost of the work plus profits. The City will evaluate bid items for reasonable 3 conformance with the engineer's estimate and other bids received. Unbalanced bids will be deemed non-responsive. 8. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 9. 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. 10. 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". 11. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 12. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 13. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 14. 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. 15. Bidders are required to attend a mandatory pre-bid meeting that will be held at the Crystal Cove Conference Room (Bay 2D) at 100 Civic Center Drive, Newport Beach on January 11, 2017 at 9:00 a.m. The bidder's company officer, proposed superintendent and/or construction manager are required to attend. FAILURE TO ATTEND THE PRE-BID MEETING WILL RESULT IN DISQUALIFICATION AND REJECTION OF THE BIDDER'S BID PROPOSAL. The signature below represents that the above has bi Contractor's License No. & Classification 0 DIRRRReference Number & Expifat�ioh Date Bidder 5 s/ /� Date BOND# 7-B PREMIUM: NIL City of Newport Beach LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT Contract No. 7001-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, In the principal sum of TEN PERCENT OF 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 LIDO VILLAGE WATER MAIN REPLACEMEMT PROJECT, Contract No. 7001.2 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 falls to execute the Contract Documents In the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of 'Notification of Award", otherwise this obligation shall become null and void, If the undersigned Principal executing this Bond is executing this Bond as an Individual, it Is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 11TH dal PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DRIVE, STE. 850 SANTA ANA, CA 92707 CHARLES L. FLAKE / ATTORNEY-IN-FACT Address of Surety Print Name and Title 714-550-7799 Telephone (Notary acknowledgment of Principal & Surety must be attached) 2 ACKNOWLEDGMENT ................................................. •....................a...,,..• State of California County of 1 ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person(s) whose names) 1. is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature (seal) ....,.,..e.....,..■use■■.,■uu..............................e...au■ua.uu. OPTIONAL INFORM4TION 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) Thumbprint of Signer Capacity of Signer ❑ Check here ff Trustee no thumbprint Power of Attorney orangerprint _ _ CEO / CFO / COO to available. _ President / Vice -President / Secretary / Treasurer Other. Other information; 7 ACKNOWLEDGMENT .......u.•■ecce■•■■ee.■uu•................... euue............ State of California County of ss. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Istare subscribed to the within instrument and acknowledged to me that ha/she/they executed the same In his/her/their authorized capacity(iss), and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that -the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) •.............■e■■ecce■■eeeeee..e..............•e�� e■eeeeeee..•\........•...e.■ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. _ Trustee _ Power of Attorney _ CEO / CFO / COO _ President / Vice -President / Secretary / Treasurer Other. Other Information: 0 Thumbprint of Signer ❑ Check here If no thumbprint or fings"nl Is available. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On January 11, 2017 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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 y hand and official seal. CYNTHIA J. VALENCIA Commission 8 2127262 Notary Public -California Signa of Public tart' (Notary Seal) orange County MComm. Expires Oct 15, 2019+ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Individual Title or description of attached document Corporate Officer X /Title President/Sec Number of pages Document Date Partner Attorney -In -Fact Trustee Other Additional Information F_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 1-11-17 before me, Lexie Sherwood ,Notary Public, Date Insert Name of Notary exactly as It appears on the official seal personally appeared Charles L. Flake Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), j`'���^ �• and that by his/her/their signature(s) on the instrument the S - LEXIE SHERWQOD person(s), or the entity upon behalf of which the person(s) COMM( 312031782 v >=. • acted, executed the instrument. NOTARY PUBLIC *CALIFORNIA ZviORANGE COUNTY I certify i under PENALTY OF PERJURY under the laws of Comm. Exp. JULY 27, 2017 the State of California that the foregoing paragraph is true and correct. Witness my hand an official seal. Signature I Place Notary Seal Above Signatutddf NVary Publie LeXie Sherwood OPTIONAL 1 1 Though the information below is not required by law, it may prove valuable to persons relying on the document and could fraudulent removal form prevent and reattachment of the to another document. Description of Attached Document ' Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner El Limited El General ❑ Partner ❑ Limited ❑General ❑ Attorney in Fact M. ❑ Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or. Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of Now Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seat and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of., FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9id of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such effects and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be .binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ��a\alllllaalr,/j xw+acorn �n.Wyo �% IbNAt gQ,ti}ilftif..L 4yBy S a FAL S[eveaP.Andemaa,SeniorVice PreddemofW»dingtovintermtlooellmvna<eComWnY 9kAi, yu°1 Y� 1979 ¢vj�g & Senlw Vice PreiWO ofNorW Ameripv 3peualobee ace Campaay �i r 1Sa/L i r 1110 BY `yk;�dtin'a isrbso� David M.Layman, VleePrtsWmtal Washln6[oe lotcrmtloaei msvrenm Company vni°j°°'+ & Vice Presidml afNarth Ammicen Speclulty ieeuceare Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have, caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thislytb day of Jaly 2014 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook as: On this 17th day of July 2014 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of _ Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, Personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies, rin� /� gl.f g nOFFIC1ALSEAL-1 /JLtyrv+tR � ,X DONNAD.SKLENS Notary Pobec,Stste of Illinois Donna D. Sklens, Notary Public . ' MY Commimionl3x.ire3.10/d612015 . I, Jew Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thisl1th day of January , 2017 foamy Gotddma, Vim P.6,1ce, &Aaeiemns 9ecm4ry of W.M,wn Mwrnalionsl W.Company &NOM Ame+icen SPOOieirylnsunnee Company City of Newport Beach LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT Contract No. 7001-2 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name:O Address: jr� 10i0i+wr G� fY�91� Phone: /D G State License Number.2`g0/ DIR Reference: Email Address: Name:/*zf, -.7'-c. Address: 35-1 yC /iLp�w�L/4 /f/n Phone: p�/ /- y 2J -7G f/ S State License Number: DIR Reference: EmailAddress:Ar-�o��i+ifa✓'o�L Name: G/SS Address: /170 Phone: fs/_ 2,7S,�fGg State License Number: DIR Reference: /OOOaOSZ9� N� 9 1 Email Address /v4//3eell 41 JAN�L,asasL(�/ c ifs' n� Bidder Auth V6 Signature/Title 9 City of Newport Beach LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT Contract No. 7001-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES 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. FAILURE OF THE BIDDER TO MEET THE NECESSARY MINIMUM TECHNICAL ABILITY AND EXPERIENCE AS DEFINED IN THESE DOCUMENTS MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past (3) years in excess of $100,000.00, provide the following information: No. 1 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount 6Z 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. 10 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. 11 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person T 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. iFa 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 sufficiently comprehensive to permit an appraisal of conditions. Bidder Ai dh rb 13 and other information :tor's current financial A :- o a a N W O M b O N w a w N N b O N M N N N O M V N rl 'y m N M V O 'I b p n n b l0 rl 1p m N N Q b O M n Q m N n M N H O W a b m n b N w Ol M V O< M b N O O N n n N N O N N n N N N m O m O N N ei b O h O V O h w N b N m b H n N n °� IO < I� lD 0f 0, h O b Oi M hj n H W w Q M n w W n m Q N N OJ O O b N m O m C ry b N lD 0 O N N M w m M °� �° m m M n N N n m N m w lO N N m L" ey ey ly rl N �y` N M N °vNf 0 uN1 N4G 0e'1I twa0 NN roe'I Nei OOb VN . p . . Op bmnOm Imn11 mN vm w N.i mm O Nm r O OOMi O C n O N Q V O N M N r1 y ryj W 'I m W w e4 n W m N w Q w N m m n N M V N m w M O N n m w N n MV m O N m N ei w 'I rl N 'i N O m R w rl N w M V p N O M N N b Q n n lO N m Q M N n b n N n N eti 'I e -I ei e -I rl N N S N x N O N w O O w O w b .v O r i M M b O m Ol n w n e4 O b N n O n w w O N m N O C M n OI w N w Q w n N N m N N 0 O O w M w O n w M N m n w O N m N n n N N m O w N O O L N N b N n b w th V m n m O M n b N b n m n m b rl b M N w m n m n lO Ill N ei N Q N w n m l0 N N M V b m N N N rl N b N M M m N n a O m n m w N N w N b Q m N w 4D Ib o Ib d 6 6 v b n a n b e N N N N N b N m m n ry ry ry m M ry v m m d m d a m o •+ �i e N v v v w m d d w v a d v a .+ a, Q ,� a O .+ o N .+ a Q Q a N o N n w w n w w w w m w w n N n N n n N w M w n m M w n w M m N n n w w n w m n w w w w b w w o y Ec E ° m y v ry U u n$ _>>> > v v v c v c E E `-' L m m m E 2' > c >, r a E> o u m m v !^ m c u' @ u m V C y N Y a c L w w > n 0 u c E E H o O z Z Z Z N' V O O 3 a Y O '^ 0 2� �� '^ Y N o o O° mi p a 3 3 r 3 3 >> >: O .. `o p` a o w1 `v m` p 3 A c m z d z« 2 z 2 v 3 r r o— 'Z o o c v« ry Z l z« 3 zz 'ci « A a v S z° W° o A n _ x N u N N m _ _ u a u u u& u r i a u m m C L N W H O y -p °J N v E E °3° m c> c E c m E o—° o ' u v z V> w y x>>> v y v v v 'v 'ai Q Z s v c a 'y a v j a T g c z O O > O C c O 0[ c m c i c_ c LL c 3 a. s m C y i C G m CB. Y C C a N O m a aI'- > a V �^ x m c E 0 o o n >> p v 2 03 m v m N c 00 w u 0 o c 3 E o a A N v° y E r O> i 3 10 £ VV1 C N° 3 O o> y co a i o a i c o 3 r N L C D m_ E w N v Y i o Ul u ti N eM1 fi ei ei M M eMi ei 'i 'i l�0 t�0 N N ey M M N V M N H N ei H e1 h O 1 O n m m N m 0 t!1 tp m o vai a n e n m . 1 cl ml N Vl O N V N M m t0 m m m N M N ei r v m •I N n vl O n O Om M N n Vl O O lnO M Omi V O ONE n n n OV lip I� n Oi O N 01 W � 01 Of V1 V1 '1 Vf m ei Vl e1 M Ot N M M tO N N N .4 m VI m 'I m O N O 'i n m O M r1 M O m m N n V1 m n lO Vf n M m n m m n b M m d' IA O a lD d N a\ t+f m h A .i til A m O In 0 tD n m q e v n n n a n .-� m m m ci 6.+ m m 4 v m .+ m m m m m m m m m n m m Y a s s w E E= Ec i'. o E u M c m m s Y r x a a z n a y c E c w a a E a E V a m O 60 a a o E u O N O q O p p x U x t3 = 2z z p In L'�d3z>� U 2 v1 U v1 y. U n o m _ a V o a y > m > a m m a s y j _m j to L C_ C_ _U Z N C C C KO 2 O UQ J J j x w > - e+ 3 � � v = 3 - `v E 'mo f 2 a E- y a 0 pomw x w m o ¢ w .a. > o 3 � 3 N a a> .a o= J t z ¢ Z w a d v c c '^ v a+ 0 U C O fO C C m 3' Oa0 C F y a p •j � m O C m � q N z s a S vii 0� z�� 0 TECHNICAL ABILITY AND EXPERIENCE REFERENCES - Questionnaire 1. Have you completed projects in the five years that combined total more than 50,000 linear feet of pipelines of larger than 8 -inches in diameter. if Yes ❑ No 2. At any time in the last five years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? ❑ Yes [X No If yes, explain on a separate signed page, identifying all such projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages. 3. In the last five years has your firm, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? ❑ Yes [j No If `yes,"explain on a separate signed page. 4. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? ❑ Yes M No If `yes," explain on a separate signed page. Identify the year of the event the owner, the project and the basis for the finding by the public agency. 5. In the past five years has any claim against your firm concerning your firm's work on a construction project been filed in court or arbitration? ❑ Yes 0 No If `yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 14 6. In the past five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? ❑ Yes �) No If "yes," on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution). At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf, in connection with a construction project, either public or private? ❑ Yes �4 No If "yes," explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved. 8. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. ❑ Yes 0 No If 'yes," attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. 9. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 1998, if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. ❑ Yes No 15 If `yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). Authorized 16 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. Did you submit this as part of your bid? 0 Yes ❑ No Zfi Bidder 17 Roger Betten ( Project Manager) Education: High School 12 yrs. Iowa State University 2 yrs. Iowa Land Improvement Contractors Survey Education 1 yr. Work Experience: Jensen Construction 1965 to 1969 3 yrs. Positions: Equipment Operator, Forman, Superintendent Type of Work: Installation of under ground drainage pipe for farm land owners approximate 250,000 feet per year. Equipment: Parsons 350 and 450 Trenchers, J.D. 310 & 410 Backhoes, J.D. 450 Dozer. Betten Construction Company Inc. 1970 to 1986 16 yrs. Position: President Type of work: Installation of under ground drainage pipe 700,000 to 1 million feet per year, design and install surface waterway drainage for farmland owners. Equipment: Parsons 450 Trencher, Fiat Allis 2 1 B Dozer with mole, Fiat Allis 15 Dozer with winch, Fiat Allis 2 1 B with 14' blade, J.D. 450 backhoes, Multiple Truck Tractors with trailers. J.R. Pipeline Inc. 1986 to 1988 2 yrs. Heavy Equipment Operator Equipment: Cat. 235, 225 & 245 Exc., Case Backhoes, Cat 966 loader, P&H Crane. Harbor Companies Inc. 1988 to 2000 12 yrs. Positions: Heavy Equipment Operator, Forman, Superintendent and Project Manager Equipment Experience: Mitsubishi 300 Exc., Cat. 225 Exc., Hitachi 400, 450 & 550 Exc. with concrete processor, Labounty UP20 and UP40, UB 5000# & 7000# breakers, Bobcat 486, with breaker, sweeper and buckets, Cat. 446 hoes with breakers, Ford 555, 655 & 755 backhoes, Cat. 950 & 966 loaders, Cat. Track loaders. Cat. Dozer. Job responsibility: Coordinate equipment and work forces for job application. Coordinate project scheduling with General Contractors. Coordinate abatement and cleanup of lead base paint from bridge demolition operations. General Contractors and Jobs: MCM Const. Co. Frwy. 5 and 91 intersection demo bridges Ball Ball & Brosmer Fwy 5 and Jamboree over pass demo Riverside Const. Co. Frwy 10 and Washington bridge Palm Springs Kewitt Pacific Const. Alameda Corridor three tressel RxR bridge Removal over the L.A. River Hyperion Water Treatment Plant L.A. FCI Const. Co. Santa Clarita and Frwy.14 Sand Canyon Brdg. Demo Ventura Frwy 101 and Rose Ave. Brdg. Santa Barbara and Hwy. 54 Frwy 99 and Merced River Brdg. Demo Atascadero Brdg. Disassemble Morrison -Knudson (Washington Group) Frwy. 10 and Central, Mountain Brdg. Demo Frwy 10 from Frwy 57 and White Ave road removal Norton Air Force Base Runway removals Kaiser Permanente 5 story parking structure demo in Santa Anna Pave Tech Const. Co. Frwy 5 from San Onofre to Ocean Side Paulus Engineering: 2000 to Present Position: Project Manager Job responsibility: Coordinate equipment and work forces for job application. Coordinate project scheduling with General Contractors and Owners General Contractors and Jobs: Snyder- Langston Builders Entertainment Center Frwy. 5 and 405 Shady Canyon Golf Course Irvine The Pike @ Harbor View Long Beach L.N.R. Warner Center in Woodland Hills OPUS West Constr. Co. OPUS Center Irvine II SHEA Homes Ladera Ranch 5 tracts Aliso Viejo 3 tracts Yorba Linda 3 tracts City of Walnut 1 tract Public Works Jobs Irvine Ranch in Irvine Garden Grove City of Riverside Walnut Valley Water District Rowland Water District City of Stanton Contractor shall attach a reviewed or audited financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Did you submit this as part of your bid? ❑ Yes No l�•-„�c�) Bidder in City of Newport Beach LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT Contract No. 7001-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss County of 4) �jc se., /wu/.vS , beingfirst dLily sypm, deposes and says that he or she is ,aria.' � � of a v1 e . 4e e;7 1�.t. , the party making the foregoing bid; that the bid is not made in the interest of, or -6n behalf offany undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of lif that the foregoing is true and correct. Bidder ' Autho ize /Siiggnnaturefritle� n Subscribed and s n to (or affirmed) before me on is i/ day ok— 2017 by AM U45 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me I certify under PENALTY OF PERJURY under the laws the State of California that the foregoing paragraph is true and correct. Notary Public [SEAL] CYNTHIA J. VALENCIA Commission # 2127262 L M Commission Expires: Aa _ Notary Public - California > y p Z Orange County My Comm. Ex ires 0ct 15, 2019+ 19 City of Newport Beach LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT Contract No. 7001-2 DESIGNATION OF SURETIES Bidder's name 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): Te�y 9270 ze&ne Z;ois 4� e,.,e -1 / /i 20 City of Newport Beach LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT Contract No. 7001-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Record Last Five (5) Full Years Current Year of Record he intormation 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. 21 Current Record Record Record Record Record Year of for for for for for Record 2016 2015 2014 2013 2012 Total 2017 No. of contracts / (/ -7 �� L Total dollar Amount of Contracts (in ��/ ���,e.� �.�%n.� �Z.^ ���N.� %�/+•'� GG•G ` / Thousands of $ No. of fatalities D 1 O a O No. of lost Workday Cases O D O No. of lost workday cases involving permanent transfer to © D ep another job or termination of employment he intormation 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. 21 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: ,Oe Title 4—&d The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those recopds. 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. rNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 22 City of Newport Beach LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT Contract No. 7001-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 23 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 LIDO VILLAGE WATER MAIN REPLACEMENT CONTRACT NO. 7001-2 DATE: February 1, 2017 CITY ENGINEER TO: ALLPLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. SPECIAL PROVISIONS & PROPOSAL Replace Special Provisions and Proposal per Addendum No. 2. PLAN SHEET 27, 28 AND REPAVING DETAIL Add the attached plan sheets 27, 28 and Repaving Detail. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) Date ature & Title f.\userslpbw\sharedlconlracts\fyt6-17 current projects1600-waterVido villageVater main replacement c-7001-216wlMaddendum no. 2.doc TN T�.T <!m'1 mlU mn nAn LANE LINE OR CURB ym momm m mcD y m 2 nT �T r zo z< tiJJ ~� N m O m T A N MZ 0r rN*Ir m A O O x 2 O 00 Z z zD zn oo f D O p y E5 mz m0 m� D 0 * O > N W C T y T m y o n N r T4 D Z 0 vm n .mT n D F T y T r M 9 mox P N A z 0 \ \ LANE LINE OR CURB 0 0 oIy"zo ^ oa c mjc' n �o I vim z �y A m a� m m' y z? yn F O O m J T .0 A W N C co onn nn T oa my TTKF i-Im;� none Dmma Z ZOO m0 BION OZ p Tr MM MK3A my�AS O0,x pmym O Z. AO >0I Dn N Llm OfI ZmKo rKHy-I mm 2y Om :n Ny I� -i cm -I y mU < -1Z0T "N �2 2 y< nA AO OZA AA O DO Ofm/IOLoo>NT �mZm 1>1 f*I Omn00 "m< Q Tn me ZOO ZD A m0 my mzi.o jXA0 Zmy0 G-I<m m O mr Am 0M, rF mrI rIT DZAO�Z Ajmr ZIAr �m Im? IT11 m Iy A `� m Z "Rz mzm V 'Z7 C mm oma mz0 <N �I vm oti ypZ> zowm , m yxym F ti< �m ymz �m y tsiz Avmrc� maT, mFx,,'.1, -'am5 <m o D m nn my� InF oy cz norm' o0 mzq, mzmi yv ml Z m z oo moo T 3 xym T. on m z m xs mK C7 m m zZ m Z nm n vp pm nz m I'I yn zo n m m y m'A nyz Vl m� O amf*1 ~Om mw v 'TF OO Fm M mWi< SG�< <0y 0 GD U Hr~I 2 �Z < AO T'InmDm Sz-1m ozy� ozT m'1 O 0 �O �O <M ON AT 0>XpX n02m -i02m xy�D m Z m In mp oz m m ma i>,mym mmmz ommz zlnm� i(j m o m oZ z nm nm oZo-1 mmL-1�y yxoy OSmm D O rm m0 Z A IA< ZZmm-O timy� mrm� mFz i Z N mz rF f y nm DD 0��� oT �A< mm zmo� z nz 00 a m nm mm mzon mozo mm xnp No m� zv, y D n KMD mo Amo mo z 0-' A �o z zz tiA�<rno miAA moot mm>o nU) y n O VIn TZprA - zRIn2 y2 nTrm C) 2 SD '�O < D Z nZ OKOCm Tomm SI OM �MDN F Oym 2 r M. Z-1 Z2=� >OmT nyTT xI^Oy y 2 T �m �m m m m om oomx czi m.(Diz mm�z �zPz p �-n n XK mz m mm < zmi_mz ^ymm Tczm maim �T n m my \ A n iK0 09 czi M, mmyA m�mvoi N �m F M, 9: on n y chi mzzmF c�mz "0Z 1Izz A� nm n m O Om K -moo ran I%n N m S m m T A A A z Z Z O 2 z z S I< y Om OD �A C< O O O0y mA nn_ym mm OTF 02 TQ O On m p (n z ZDDO� m >n OOn-i21/iD DZ7 20 rm Z O O<r2Z UIpnD ACp D r0 i 2_ IZ/I Dy D p,m'JO I'IOOD n:1 m2KD N �W n Z� z m m Z AZX O AAS CTm Tm _ x m O V I y O O mm O S Z Zm Kn N 0 -1 _Ix `2 muz 0rz O -I yD y y I z 0, T.z O n O O D O n < O m D.m r m n D 2 r 0 HE i n>n D <02Tn �$mc So ypyia Ux� N m gm; I I I n0 I I I zn � � n m r f� F m o � o I � TN T�.T <!m'1 mlU mn nAn LANE LINE OR CURB ym momm m mcD y m 2 nT �T r zo z< tiJJ ~� N m O m T A N MZ 0r rN*Ir m A O O x 2 O 00 Z z zD zn oo f D O p y E5 mz m0 m� D 0 * O > N W C T y T m y o n N r T4 D Z 0 vm n .mT n D F T y T r M 9 mox P N A z 0 \ \ LANE LINE OR CURB 0 0 oIy"zo ^ oa c mjc' n �o I vim z �y A m a� m m' y z? yn F O O m J T .0 A W N C co onn nn T oa my TTKF i-Im;� none Dmma Z ZOO m0 BION OZ p Tr MM MK3A my�AS O0,x pmym O Z. AO >0I Dn N Llm OfI ZmKo rKHy-I mm 2y Om :n Ny I� -i cm -I y mU < -1Z0T "N �2 2 y< nA AO OZA AA O DO Ofm/IOLoo>NT �mZm 1>1 f*I Omn00 "m< Q Tn me ZOO ZD A m0 my mzi.o jXA0 Zmy0 G-I<m m O mr Am 0M, rF mrI rIT DZAO�Z Ajmr ZIAr �m Im? IT11 m Iy A `� m Z "Rz mzm V 'Z7 C mm oma mz0 <N �I vm oti ypZ> zowm , m yxym F ti< �m ymz �m y tsiz Avmrc� maT, mFx,,'.1, -'am5 <m o D m nn my� InF oy cz norm' o0 mzq, mzmi yv ml Z m z oo moo T 3 xym T. on m z m xs mK C7 m m zZ m Z nm n vp pm nz m I'I yn zo n m m y m'A nyz Vl m� O amf*1 ~Om mw v 'TF OO Fm M mWi< SG�< <0y 0 GD U Hr~I 2 �Z < AO T'InmDm Sz-1m ozy� ozT m'1 O 0 �O �O <M ON AT 0>XpX n02m -i02m xy�D m Z m In mp oz m m ma i>,mym mmmz ommz zlnm� i(j m o m oZ z nm nm oZo-1 mmL-1�y yxoy OSmm D O rm m0 Z A IA< ZZmm-O timy� mrm� mFz i Z N mz rF f y nm DD 0��� oT �A< mm zmo� z nz 00 a m nm mm mzon mozo mm xnp No m� zv, y D n KMD mo Amo mo z 0-' A �o z zz tiA�<rno miAA moot mm>o nU) y n O VIn TZprA - zRIn2 y2 nTrm C) 2 SD '�O < D Z nZ OKOCm Tomm SI OM �MDN F Oym 2 r M. Z-1 Z2=� >OmT nyTT xI^Oy y 2 T �m �m m m m om oomx czi m.(Diz mm�z �zPz p �-n n XK mz m mm < zmi_mz ^ymm Tczm maim �T n m my \ A n iK0 09 czi M, mmyA m�mvoi N �m F M, 9: on n y chi mzzmF c�mz "0Z 1Izz A� nm n m O Om K -moo ran I%n N m S m m T A A A z Z Z O 2 z z S I< y Om OD �A C< O O O0y mA nn_ym mm OTF 02 TQ O On m p (n z ZDDO� m >n OOn-i21/iD DZ7 20 rm Z O O<r2Z UIpnD ACp D r0 i 2_ IZ/I Dy D p,m'JO I'IOOD n:1 m2KD N �W n Z� z m m Z AZX O AAS CTm Tm _ x m O V I y O O mm O S Z Zm Kn N 0 -1 _Ix `2 muz 0rz O -I yD y y I z 0, T.z O n O O D O n < O m D.m r m n D 2 r 0 HE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 LIDO VILLAGE WATER MAIN REPLACEMENT CONTRACT NO. 7001-2 DATE: January 19, 2017 TO: ALL PLANHOLDERS BY: CITYtNGINEER The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. NOTICE INVITING BIDS Change bid opening to 10:00 AM on February 7, 2017. Bidders must sign this Addendum No. 1 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. �.�14 4L�i rlr Bidder's Name (Please Print) Date Authorized & Title f1userslphw\shared\contracts\tyl6-17 current projects\600 -water\lido village water mVn replacement c-7001-2 16wA4 addendum no. 1 (cover sheel).doc City of Newport Beach LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT Contract No. 7001-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: /�<✓s��i. „� Business Address:2A%//��ii,U/� rf�92w� Telephone and Fax Number:�7i� lel-/�D1r California State Contractor's License No. and Class: % 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. Haveyou ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 25 Are any claims or actions unresolved or outstanding? Yes 6 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. Bidder ' 1*2 basis of satisfactory evidei� instrument and acknowledg capacity(ies), and that by hi behalf of which the person(s) /wSOw Asv�l (Print namgjof Owner or President of CorpO On/Companv) Date before me, Notary Public, personally who proved to me on the -e to be the person(s) whose name(s) is/are subscribed to the within d to me that he/she/they executed the same in his/her/their authorized ;her/their signature(s) on the instrument the person(s), or the entity upon ' la ted, executed the instrument. I certify under PENALTY OF paragraph is true and correct. WITNESS my hand and official Notary Public in and for said State My Commission Expires: URY under the laws of the State of California that the foregoing (SEAL) 26 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On February 7, 2017 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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 hand and official seal. CYNTHIA . VALENCIA Commission # 2127262 a Notary Public • California Signature o Nora Public Orange County 'T -Notary (Notary seal) M Comm. Expires Oct 15, 2019 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Individual Title or description of attached document Corporate Officer x /Title President/Sec Number of pages Document Date Partner Attorney -hi -Fact Trustee Other Additional Information LIDO VILLAGE WATER MAIN REPLACEMENT CONTRACT NO. 7001-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day of February, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PAULUS ENGINEERING, INC., a California corporation ("Contractor"), whose address is 2871 E Coronado, Anaheim, California 92806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of removal of existing 4 -inch or 6 -inch distribution main; construction of 6 -inch, 8 -inch and 12 -inch valves; construction of 6 -inch and 8 -inch distribution main including all appurtenances, fittings, services and connections to the existing water system; removal of existing 8 -inch sewer main including sewer manholes; and construction of 8 -inch sewer main and manholes. The work involves an open -cut method to install C-900 PVC DR 14 water distribution pipe, fittings, high -lining, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the "Contract Documents" as defined in Section 1 of this Contract. The work also includes removal of the existing sewer main and manholes, sewer bypassing, construction of sewer main and manholes in Via Oporto and Via Malaga, lateral reconnections, pavement restoration and appurtenant work as required by the "Contract Documents" as defined in Section 1 of this Contract (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7001-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Million One Hundred Fifty Two Thousand Nine Hundred Twenty Eight Dollars and 00/100 ($3,152,928.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jason Paulus to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to Paulus Engineering, Inc. Page 2 act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jason Paulus Paulus Engineering, Inc. 2871 E Coronado Anaheim, CA 92806 INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are Paulus Engineering, Inc. Page 3 limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term Paulus Engineering, Inc. Page 4 of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or Paulus Engineering, Inc. Page 5 employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Paulus Engineering, Inc. Page 6 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred Paulus Engineering, Inc. Page 7 up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. Paulus Engineering, Inc. Page 8 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Paulus Engineering, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'$ OFFICE Date: 't-( III I� By: NA111 f- (w Aaron rp v 2•v I� City Attorney ATTEST: �1 Date: 14, 17 By: Ik Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a Californi mun cipal corporation Date: c �2 I'a / M nM CONTRACTOR: Paulus Engineering, Inc., a California corporation Date: Signed in Counterpart Ronald Paulus Chief Executive Officer Date: Signed in Counterpart By: Jason Paulus Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Paulus Engineering, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'$ OFFICE Date: ti.( 13 I tk By: (�O Aaron CFlaffip tVLw Z•0•I1 City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: Paulus Inc., a California corporation Engineering, Date: 03/07/2017 l By: Jason P`u4Gs Secretay [END OF SIGNATURE fSf ] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Paulus Engineering, Inc. Page 10 EXECUTED IN TWO COUNTERPARTS EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 2208646 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for the removal of existing 4 -inch or 6 -inch distribution main; construction of 6 -inch, 8 -inch and 12 -inch valves; construction of 6 -inch and 8 -inch distribution main including all appurtenances, fittings, services and connections to the existing water system; removal of existing 8 -inch sewer main including sewer manholes; and construction of 8 -inch sewer main and manholes. The work involves an open -cut method to install C-900 PVC DR 14 water distribution pipe, fittings, high -lining, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the "Contract Documents" as defined in Section 1 of this Contract. The work also includes removal of the existing sewer main and manholes, sewer bypassing, construction of sewer main and manholes in Via Oporto and Via Malaga, lateral reconnections, pavement restoration and appurtenant work as required by the "Contract Documents" as defined in Section 1 of this Contract, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Million One Hundred Fifty Two Thousand Nine Hundred Twenty Eight Dollars and 00/100 ($3,152,928.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with Paulus Engineering, Inc. Page A-1 respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly �Aecuted by the above named Principal and Surety, on the 7TH day of MARCH 20 17. PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 475 N. MARTINGALE RD., SUITE 850 SCHAUMBURG IL 60173 Address of Surety (714) 550-7799 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 / 1S/1 ;� 0 Aaron C. Harp uA�J 3 10.17 City Attorney Autho CHARLES L. FLAKE, ATTORNEY-IN-FACT Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing'' ompleting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of }ss, On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Paulus Engineering, Inc. Page A-3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On March 7. 2017 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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 and and official seal. CYNTHIA J. VALENCIA Commission # 2127252 -� Z Notary PubSc -California z Orange County n Signature of Notary Public (Notary Sea]) M Comm. Ex Ives Oct 15, 2019' ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Individual Title or description of attached document Corporate Officer X /Title President/Sec Number of pages Document Date Partner Attorney-hi-Fact Trustee Other Additional Information ICALIFORNIAALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange i On 3-7-17 before me, Lexie Sherwood Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake Name(s) of Signer(s) f who proved to me on the basis of satisfactory evidence to I 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the 7 LEXIE SHERWOOD person(s), or the entity upon behalf of which the person(s) COMM. # 2031782 R acted, executed the instrument. -,+ NOTARY PUBLIC •CALIFOa 4-RNIA j -. ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws of j Comm. Exp. JULY y 27, 2017 the State of California that the foregoing paragraph is true � and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of N6 Public Lexieerwo,�`h od I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee • ❑ Trustee f ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of° FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors ofboth North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 91h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company maybe affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be . binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �a`�pt�a�lrlrllllnnllyj uuu D �hsdon'tdn,4o Gy - e0.POq" 3 SFAL V' xStevenP.Anderson,Selder Vie. Preddenl dWenhinteon iatemaeunal lnsuranee Company si SEALC. S 'g ta7J V; &Senior vice PresideniafNort6 Amansan Specialty lonerenee Company LJYHlyltfAnP�O. O 44flinnitiO, BY nevi M. Layman, vice heoldeut orWuhingtun lnlonmlional lmuranre Company lo°° & Vke President.rN.M American apcN.11y Worm<e Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisl7th day of Daly 2014, North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 17th day of July , 2014 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , . Vice President of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. p "OFFIQIAI.SEAY"until a DONNA D.SKLENS Notery.Pubtic, Stateof Illinois Donna D. Sklens, Notary Public My Comaiissioa Expinu:l0(O6/2015. I, Jeffrey Goldberg_, the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7th day of March , 20 17 . lefrroy Dnldb". vine Nondmt&A om.,S ronryof Wuhingmn Imemali.eel humanse Company &NoM American Speeiahy}nleneee Company EXECUTED IN TWO COUNTERPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 2208646 PREMIUM $29,171 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 29,171.00 , being at the rate of $ $14.40 / $8.70 / $7.00 PER thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for the removal of existing 4 -inch or 6 -inch distribution main; construction of 6 -inch, 8 -inch and 12 -inch valves; construction of 6 -inch and 8 -inch distribution main including all appurtenances, fittings, services and connections to the existing water system; removal of existing 8 -inch sewer main including sewer manholes; and construction of 8 -inch sewer main and manholes. The work involves an open -cut method to install C-900 PVC DR 14 water distribution pipe, fittings, high -lining, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the "Contract Documents" as defined in Section 1 of this Contract. The work also includes removal of the existing sewer main and manholes, sewer bypassing, construction of sewer main and manholes in Via Oporto and Via Malaga, lateral reconnections, pavement restoration and appurtenant work as required by the "Contract Documents" as defined in Section 1 of this Contract, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Three Million One Hundred Fifty Two Thousand Nine Hundred Twenty Eight Dollars and 00/100 ($3,152,928.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not Paulus Engineering, Inc. Page B-1 exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly eV6cuted by the Principal and Surety above named, on the 7TH day of MARCH 20 17 . PAULUS ENGINEERING, INC. Name of Contractor (Principal) Authorized S' nature/Ti NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety Authorized Ag6fit Signature 475 N. MARTINGALE RD., SUITE 850 SCHAUMBURG, IL 60173 CHARLES L. FLAKE, ATTORNEY-IN-FACT Address of Surety Print Name and Title (714) 550-7799 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 /1-c- /1-+ By: Aaron C. Harp, City Attorney iW ;a0,1 NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Paulus Engineering, Inc. Page B-3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On March 7, 2017 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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 Califorftia that the foregoing paragraph is true and correct. WITNE y hand and official seal. CYNTHIA J. VALENCIA Commission 22127262 Z '� Notary Public - California i Orange County + Signa ofNotary public (Notary Seal) Comm. EX Ires Oct 15, 2019 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Individual Title or description of attached document Corporate Officer X /Title President/Sec Number of pages Document Date Partner Attorney -In -Fact Trustee Other Additional Infonna[ion rCALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I j A notary public or other officer Completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA Ii County of Orange � On 3-7-17 before me, Lexie Sherwood Notary Public, I� Date Insert Name of Notary exactly as it appears on the official seal 6 personalty appeared Charles L. Flake Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), LEXIE SHERWOOD and that by his/her/their signature(s) on the instrument the i' COMM. u2o3t7a2 a person(s), or the entity upon behalf of which the person(s) t7 �_ NOTARY PUBLIC -CALIFORNIA n' acted, executed the instrument. 14W ORANGE COUNTY 0 ' Comm. Exp. JULY 27, 2017 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i I Witness my hand and official seal. / Signature Place Notary Seal Above Signature of Nota Public exle Sherwood OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could fraudulent removal form prevent and reattachment of the to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIS SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety,on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be .binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached" - ��\�n�1a�11111TY ff��, 9-6— ��,jj 'Apwwmw,� �YY" G pV' SInN 3`e3.obo4ird;.°'3 iwT4$ ono"oilq�''- 4S2g QTy BY G J� 3 "'e SEAL2 Sm.P.Anderaom8eNm V1m Peeadml of WatbingtoulnlemaaouatlasYeame Company aa SFJiL `�i , ' 1873 po, & Senior Vice Presldentoftiomb American specialty lnnamnca Compey g01 tca: �0�8'ONahc� ma/a11111a1P1\\h K'+G•P'F3fM^-�.� p...¢,... . BY reveal M. Laymaq Vitt Prenda'vt or Wnabingtop rnternadonai lmnrance Company & We PMIde t of oordh Ametlun Speololly Inmrame Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisl7th day of July 2014 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois 'County of Cook ss: On this 17th day of July . 2014 , before me, a Notary Public personalty appeared Steven P. Anderson , Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , - Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, Personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. °OFFICIALSEAVv DONNA D..SKLENS Notary Public,State of Illinois Donna D. Skiers, Notary Public My CoromisewnExtms:1070612015 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, i have set my hand and affixed the seals of the Companies this 7th day of march , 20 17 . lonroy Goldbmg, Vice Prendmt &Mcb., Sacmnryaf Washington Inromaimml Imivette Company &Nca American Spocialtylnmmrco Company IWA011=11 i« INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two Paulus Engineering, Inc. Page C-1 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). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Paulus Engineering, Inc. Page C-2 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally Paulus Engineering, Inc. Page C-3 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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Paulus Engineering, Inc. Page C-4 Contractor's insurance agent to this effect is acceptable. A certificate of insurance andfor additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Paulus Engineering, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 3/8/17 Date Completed: 3/8/17 Dept./Contact Received From: Raymund Sent to: Raymund By: Alicia Company/Person required to have certificate: Type of contract: GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/16-5/1/17 Paulus Engineering, Inc All Others A. INSURANCE COMPANY: Executive Risk Indemnity Inc. B. AM BEST RATING (A-: VII or greater): A++:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? IM/2M/2M E. ADDITIONAL INSURED ENDORSEMENT—please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? E 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 E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/16-5/1/17 A. INSURANCE COMPANY: Federal Insurance Company B. AM BEST RATING (A-: VII or greater) A++:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E 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): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 5/1/16-5/1/17 A. INSURANCE COMPANY: Federal Insurance Company B. AM BEST RATING (A-: VII or greater): A++:XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: (i I Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 3/8/17 Date ® N/A ❑ Yes ❑ No ED N/A ❑ Yes ❑ No ❑ N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. PR1of12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 PROPOSAL LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT CONTRACT NO. 7001-2 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. 7001-2 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 1. Lump Sum Mobilization and Demobilization @/ ,/, 1 oIIars �/ and `ren Cents $ 3Zyov"� $ Per Lump Sum 2. Lump Sum Traffic Control @✓l<� %l/Ns�.� Dollars and / 0 Cents $ Per Lump Sum 3. Lump Sum Excavation Safety Dollars ando0 o.v Cents $ � $ Per Lump Sum PR2of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 7 EA Replace Traffic Loops Damaged by Construction 61, I. 7 @, Dollars and ae ,o Cents Per Each Lump Sum Traffic Striping� �vrnfv�. %A/vl/wl' @ Dollars and Cents Per Lump Sum Lump Sum Surveying Services Dollars and Cents Lump Sum Per Lump Sum Provide As -Built Plans @ Ten Thousand Dollars and Zero Cents Per Lump Sum 8. Lump Sum Provide Allowance for Unforeseen Conditions $ 1,7 OD $ zcy.&� 1000, $ 10,000 @ Seventy Five Thousand Dollars and Zero Cents $� oD/�'� $ 75,000 Per Lump Sum Subtotal (Items 1-8) PR3of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE WATER MAIN IMPROVEMENTS 9. 25 L.F. Construct 4 -inch PVC Pipe Dollars and Cents Per Linear Foot 10. 2,600 L.F. Construct 6 -inch PVC Pipe @ „Dollars and �c Cents $ Z14 49 Pef Lin ar Foot 11. 3,700 L.F. Construct 8 -inch PVC Pipe Dollars and _o Cents $ 9l� $ �S� /97 Per Linear Foot 12. 10 L.F. Construct 10 -inch PVC Pipe Dollars and Cents $ 1� $ 4/220 So Per Linear Foot 13. 1,100 L.F. Construct 12-inch PVC Pipe @ ��T U- Dollars and Cents $ / 7 $ Z4 Per Li ear Foot 14. 5 EA Construct 4 -inch DI RW Gate Valve @ Dollars and 2 Cents $ /P y' $ 930 Per Each T— PR4of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15 16. 17 19. 38 EA Construct 6 -inch DI RW Gate Valve Dollars and Cents $ Per Each 23 EA Construct 8 -inch DI RW Gate Valve @ Dollars and -Z, -o Cents $ Per Each 13 EA Construct 12 -inch DI RW Gate Valve @ Za//, Dollars and -5z,o Cents Per Each 1 EA Construct 4 -inch DI RW Gate Valve (Refer to Sheet 25) @S%� Dollars and �< Cents $ Op $ 4j2ie, el Per Each 9 EA Construct 6 -inch DI RW Gate Valve (Refer to Sheet 25-26) /./��,, ,,/Dollars and Cents Per Each $?soon' $ �spo� 20. 1 EA Construct 8 -inch DI RW Gate Valve (Refer to Sheet 26) @ f �DoIIars and Cents $ fSOO, $ ��po Per Each PR5of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21 22. 6 EA Construct 12 -inch DI RW Gate Valve (Refer to Sheet 25-26) Dollars and Cents Per Each $ Z40/, $ D DDO' 59 EA Install 1 -inch Water Service (Short Side) @ Dollars and Cents $ / Per Each 23. 38 EA RZI 25 26. Install 1 -inch Water Service (Long Side) Dollars and $ Z.o Cents Per Each 9 EA Install 2 -inch Water Service (Short Side) Dollars and Cents $ Per Each 13 EA Install /2-innch�Water Service (Long Side) ;/fi ,/r _ 6! 11 @ � L,� f� /-`� Dollars and Zi o Cents Per Each $zZi 0 0 6 EA Install 4 -inch, 6 -inch, or 8 -inch Water Service Dollars and v Cents $ //,r, Per Each $ SOD I11[Z.1no 1w ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 27. 64 EA Remove Existing Valve Dollars and 10-0 2-o Cents $ Per Each 28. 34 EA Remove Existing Valve, Install Pipe Spool and Connect to Existing Dollars and o Cents $ $ re D� Per Each 29. 55 EA Cut and Plug Existing Water Main @'t/ �� Dollars and Cents $ �'/0 $ Per Each 30. 85 EA Connect to Existing Water Main le @ Dollars and O, Cents $ � $ Z24a Per Each 31. Lump Sum Abandon in Place Existing Water Main Dollars and Cents $ X5 ,:74-10 $ daa Per Lump Sum PR7of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 32. 350 LF Remove Existing AC Pipe (4 -inch to 12 -inch) Dollars and Cents $ Z� $ 250' Per Linear Foot 33. 1,700 LF Remove Existing Pipe (4 -inch to 12 -inch) i @ Dollars and 2 o Cents $ � $ 3�7yd41' Per Linear Foot ' 34. 11 EA Construct 6 -Inch Fire Hydrant Assembly @ -,/�,/ Dollars and Cents $ ZSp $ Per Each 35. 2 EA Construct Double Check Detector Backflow Preventer Assembly / @ /_ Dollars and Cents Per Each 36. 2 EA Construct Vault Lids @�` / (/Dollars and -o Cents $ SQO $ vvJoe Per Each 37. 2 EA Remove Existing Vaults ��/ -y"` @ Dollars and Cents Per Each PR8of13 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT TOTAL PRICE WRITTEN IN WORDS PRICE PRICE 38. Lump Sum Temporary Water Main Bypass and Service Connections @ and �/ �, o Cents $ '� $ -� Per Lump Sum 39. Lump Sum Pressure Test, Disinfect and Flush New Water Mains @ _ Dollars and ,o Cents $�� $ Per Lump Sum ` 40. Lump Sum Pothole Crossing Utilities Dollars and � /// Cents $ r//T$ y Per Lump Sum 41. 2,500 LF Trench Dewatering & Discharge @ r�✓/,� Dollars and o Cents $ 4D $ Per Linear Foot 42. 2,500 SF Remove and Construct P.C.C. Street Pavement Dollars and „l Cents $ ZZyD $ .S�ODD Per Square Foot 43. LUMP SUM Repair Cross Gutter, Sidewalk, Driveway, Curb and Gutter ��� /�i�5r��•� @ .'Z;� Dollars � ®o `ddoo Go OoD and Cents a Per Lump Sum oD Subtotal (Items 9-43) $ - 2 Z Ps 7�5� PR9of13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE SEWER IMPROVEMENTS 44. 900 L.F. 8 -Inch Extra Strength VCP Sewer Pipe i @ Dollars and oo 4101 Cents $ /SO $ 22�doo Per Linear Foot 45. 2 EA Construct Sewer Cleanout @ Dollars and 2� o Cents $ $ _c — Per Each 46. 900 L.F. Remove and Dispose of Existing 8 -Inch Sewer @ / - _�C✓ Dollars and 2. Cents $ $ Per Linear Foot 47. 2 EA Remove and Dispose of Existing Sewer MH & Base @ Dollars and Z" Cents $ /t" $ Per Each 48. 1,780 L.F. Pre- and Post -Construction CCTV Inspection @ Dollars // and Cents $/3r $ 1 y03 Per Linear Foot 49. 10 EA Connect Existing Service Lateral to New Sewer Dollars ^and 2 o Cents $ SSO =� $ ADD Per Each PR 10 of 13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 50. 1 EA Connect to Existing Sewer Manhole @ /�. Z✓Dollars and Z, Cents $ $ 2 O Per Each 51. 2 EA Construct 48 -Inch Manhole Zv yA- @ Dollars and 2 Cents $ n00,79 $ Per Each 52. 2 EA Remove and Dispose of Existing Sewer Cleanout Dollars and 2� Cents $ Per Each 53. Lump Sum Sewage Flow Bypassing Dollars �/ and i-< Cents Per Lump Sum 54. 1 EA Repair Drop House Lateral Dollars and 2 o Cents Per Each Subtotal (Items 44-54) PR 11 of 13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE OPTIONAL IMPROVEMENTS 55. 255 L.F. Construct 6 -inch PVC Pipe (Refer to Sheet 22; 32nd Street Station 10+00.00 to 12+54.93) @g/z! Dollars and 2,o Cents $ Per Linear Foot 56. 1 EA Install 1 -inch Irrigation Service (Refer to Sheet 22) @111,,A- Dollars and Alp T �o Cents $ �j00 $ Per Each 57. 1 EA Install 4 -inch Domestic Service (Refer to Sheet 22) M Dollars and ae Cents $ $ L4 Per Each 1 EA Construct 6 -inch Fire Hydrant Assembly (Refer to Sheet 22) @ i✓� /.�/ 5��.�/v Dollars and Cents $ Per Each Subtotal (items 55-58) 1,650 TN Base Pave Flush w/Asphalt Concrete .1 1/ ,�• ..,� �`:�. Dollars and /! o Cents $ - $ Per Ton PR 12 of 13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 60. 35,000 S.F. Grind AC and Place Final Asphalt Pavement Overlay @ Dollars and ✓� L - c Cents $ / 93 $ 7�5� Per Squ re Foot COAST HIGHWAY IMPROVEMENTS (PLAN SHEET 27 & 28 61. 1 EA Install 2" Air and Vacuum Release Valve Assembly Dollars and o Cents $ ZZ42 $ apfl0 Per Each 62. 1 EA Relocate Existing Air and Vacuum Release Valve Assembly @ % %6ivsw,f' Dollars and Cents $ 2O $� Per Each 63, 65 L.F. Construct 8 -inch PVC Pipe Dollars and co Cents $�� $ Y, FS -7,2 Per Linear Foot 64. 1 EA 8" Weld -On Flange Connection Per Detail A (Plan Sheet 28) @ C/,1., /_,,,,,/ Dollars and 2 o Cents $ /6Y $ pOO Per Each 65. 1 EA Water Main Connection Per Detail B (Plan Sheet 28) '1z/.Gw/ Dollars and Gl�o Cents $ /O 00� $13D0' Per Each PR 13 of 13 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 66. 120 SF Remove 12" Thick P.C.C. Street Pavement (West Coast Highway) @ Dollars and Cents $ SO $ 4f&� Per Square Foot a� TOTAL (Items 1-66) $3/�T— The award of this construction contract will be based on total bid items including the optional improvement bid items (Bid Items 55-58). TOTAL PRICE IN WRITTEN WORDS and Cents 2/�/ Date r rs ' T Total Price (Figures) Bidder's Telepho e and Fax Numbers Bidder's uofbrized Signature and Title 4! Bidder's License No(s). and Classification (s) Bidder's email address: Bidder's Address Last saved by srooks02/0112017 9:40 AM \\cnb.lcl\data\users\pbw\shared\contracts\fy16-17 current projects\600 -water\lido village water main replacement c-7001-2 16w14\psomas\fnal bid dot's\161208_02_bid proposal (1)_acastanon.doc PUBLIC WORKS DEPARTMENT INDEX FOR ADDENDUM NO. 2 SPECIAL PROVISIONS LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT CONTRACT NO. 7001-2 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Line and Grade SECTION 3 -CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services 7-7 COOPERATION AND COLLATERAL WORK 7-8 WORK SITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-8.7.2 Steel Plates 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access 1 1 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 4 5 5 5 5 5 5 6 6 6 8 8 8 8 9 9 9 9 10 10 10 7-10.3 Street Closures, Detours and Barricades 10 7-10.4 Safety 11 7-10.4.1 Safety Orders 11 7-10.5 "No Parking' Signs 12 7-10.7 Street Sweeping Signs and Parking Meters 12 7-10.8 Notices to Residents and Temporary Parking Permits 12 7-15 CONTRACTOR'S LICENSES 13 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 13 7-17 TEMPORARY WATER MAIN BY-PASS 13 7-17.1 General 13 7-18 WATER MAIN PRESSURE TESTING, DISINFECTION AND FLUSHING 14 7-18.1 General 14 7-19 SEWER FLOW BY-PASS SYSTEM 15 SECTION 9 - MEASUREMENT AND PAYMENT 15 9-3 PAYMENT 15 9-3.1 General 15 9-3.2 Partial and Final Payment. 24 PART 2 - CONSTRUCTION MATERIALS 25 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 25 201-1 PORTLAND CEMENT CONCRETE 25 201-1.1 Requirements 25 201-1.1.2 Concrete Specified by Class and Alternate Class 25 201-2 REINFORCEMENT FOR CONCRETE 25 201-2.2 Steel Reinforcement 25 201-2.2.1 Reinforcing Steel 25 SECTION 203 — BITUMINOUS MATERIALS 25 203-6 ASPHALT CONCRETE 25 203-6.4 Asphalt Concrete Mixtures 25 203-6-4.3 Composition of Grading 25 SECTION 207 - PIPE 25 207-8 VITRIFIED CLAY PIPE (VCP) 25 207-8.1 General 25 207-9 IRON PIPE AND FITTINGS 25 207-9.2 Ductile Iron Pipe for Water and Other Liquids 26 207-9.2.2 Pipe Joints 26 207-9.2.3 Fittings 26 207-9.2.6 Polyethylene Encasement for External Corrosion Protection 26 207-9.4 AWWA Butterfly Valves 27 207-9.4.1 General 27 SECTION 214 - PAVEMENT MARKERS 27 214-4 NONREFLECTIVE PAVEMENT MARKERS 27 214-5 REFLECTIVE PAVEMENT MARKERS 28 PART 3 - CONSTRUCTION METHODS 28 SECTION 300 - EARTHWORK 28 300-1 CLEARING AND GRUBBING 28 300-1.3 Removal and Disposal of Materials 28 300-1.3.1 General 28 300-1.3.2 Requirements 28 300-1.5 Solid Waste Diversion 29 SECTION 302 - ROADWAY SURFACING 29 302-5 ASPHALT CONCRETE PAVEMENT 29 302-5.1 General 29 302-5.4 Tack Coat 29 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 29 302-6.6 Curing 29 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 30 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 30 303-5.1 Requirements 30 303-5.1.1 General 30 303-5.4 Joints 30 303-5.4.1 General 30 303-5.5 Finishing 30 303-5.5.1 General 30 303-5.5.2 Curb 30 303-5.5.4 Gutter 30 SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 31 307-17 TRAFFIC SIGNAL CONSTRUCTION 31 307-17.7 Vehicle Detectors 31 307-17.7.3 Inductive Loop Detectors 31 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 31 308-1 General 31 SECTION 310 - PAINTING 32 310-5 PAINTING VARIOUS SURFACES 32 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 32 310-5.6.6 Preparation of Existing Surfaces 32 310-5.6.7 Layout, Alignment, and Spotting 32 310-5.6.8 Application of Paint 33 310-5.6.11 Pavement Markers 33 SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 33 312-1 PLACEMENT 33 PART 4 35 SECTION 400 - ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 35 PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 35 400-2 UNTREATED BASE MATERIALS 35 400-2.1 General 35 400-2.1.1 Requirements 35 APPENDIX APPENDIX A: OCSD SPECIAL PURPOSE DISCHARGE PERMIT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS LIDO VILLAGE WATER MAIN REPLACEMENT PROJECT CONTRACT NO. 7001-2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. W -5353-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 (2012 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 for Public Works Construction 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 00 — PRE-BID MEETING All contractors wishing to bid on this project shall be represented by its CEO/Owner who will be signing the contract documents, the Superintendent who will be managing the Project, and the foreman who will be overseeing work at this mandatory meeting. Where: 100 Civic Center Drive, Newport Beach (Crystal Cove Conference Room, Bay 2D) When: January 11, 2017 at 9:00 A.M. Page 1 of 38 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Add to this section, "If there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of • Removal of existing 4 -inch or 6 -inch distribution main; • Construction of 6 -inch, 8 -inch and 12 -inch valves; • Construction of 6 -inch and 8 -inch distribution main including all appurtenances, fittings, services and connections to the existing water system; • Removal of existing 8 -inch sewer main including sewer manholes; • Construction of 8 -inch sewer main and manholes. The work involves open -cut method to install C-900 PVC DR 14 water distribution pipe, fittings, high -lining, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the Contract Documents. The work also includes removal of the existing sewer main and manholes, sewer bypassing, construction of sewer main and manholes in Via Oporto and Via Malaga, lateral reconnections, pavement restoration and appurtenanfwork as required by the Contract Documents." 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk 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." Page 2 of 38 2-9.2 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. The design surveyor for this project is Psomas and can be contacted at (714) 481-8059. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. :..FY�ii[.Tiyaif�a�:tl�K�7►6�1:iR�l�[e7►l�Il1Xi7 2-12 PRE -CONSTRUCTION VIDEO. Prior to any construction activities, the Contractor shall provide the City with a videotape of the condition of the existing street, curb, gutter and sidewalk. Add Section 2-13 QUALIFICATIONS OF CONTRACTOR 2-13.1 General. Contractor must have successfully completed more than 50,000 linear feet of 8 -inch or larger water pipeline for Public agencies in the last five years. Contractor shall list this experience in the TECHNICAL ABILITY AND EXPERIENCE REFERENCES and submit with their Bid. Contractors that submit bids with less experience may be deemed non-responsive. 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. Page 3 of 38 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 3rd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION Add the following: In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. Page 4 of 38 5.7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: The Contractor shall complete all work under the Contract within 235 days after the date on the Notice to Proceed. Page 5 of 38 The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 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." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 4:30 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 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. (Night Work Alternative) For those locations where night work would facilitate the construction and minimize the disruption to the community, the following requirements shall apply: A. Night work hours shall be considered to be from 8:00 p.m. to 5:00 a.m. Sunday through Thursday. No work is allowed Friday or Saturday nights. B. The Engineer must approve all requests for night work. C. The Contractor shall notify the Engineer two weeks prior to the start of any requested night work. 6-9 LIQUIDATED DAMAGES Page 6 of 38 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 $1,800. 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. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. 6-11 SEQUENCE OF CONSTRUCTION 6-11.1 Multiple Headings. In order to meet the contract schedule, the Contractor will be allowed to initiate and maintain two or more construction headings. However, the Contractor will not be allowed to have multiple phases of work occurring that have the corresponding traffic control devices in conflict with each other. Total open trench at any one time is not to exceed 500 linear feet. 6-11.2 Sequencing Construction to Maintain Water Service. The proposed water main connections will need to be sequenced in order to maintain water services to the project area. The sequencing will need to be coordinated with the City a minimum of seven calendar days prior to beginning any connections and/or shut downs of existing water mains. The Contractor shall be required to submit a sequencing plan prior to any construction for review and approval by the City. Prior to any water main work, the contractor shall complete valve replacements (plan sheet 25 & 26) related to water main replacement locations listed below. The following sequence of construction shall be followed: Prior to June 24th, 2017 (Constructed In listed order) 1. Alleys between 44th and 42nd Street 2. Work associated with Lido House Hotel Development (Plan Sheet 22) 3. 32"d Street between West Oceanfront and Marcus Avenue 4. 30th Street 5. Via Oporto and Via Malaga After September 4th (Labor Day) 6. Lido Park Drive 7. Villa Way and work associated with Area 5 8. Short Street 9. Marcus Avenue, Lake Avenue and Alleys. Page 7 of 38 10. 2001 West Coast Highway (Plan Sheet 27 & 28) SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services Add to the 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 $90 monthly charge for meter use, a charge for water usage and any 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 7-5 PERMITS. Delete the first sentence and replace with the following: "An OSHA permit to perform excavation or trench work will be required for this project and shall be the responsibility of the Contractor to obtain prior to start of work. The City's NPDES permit for dewatering can be utilized for this project. The Contractor's dewatering operations shall conform with all requirements of the California Regional Water Quality Control board, Santa Ana Regional Waste Discharge Permit for Construction Dewatering issued to the City." 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 provide the City advanced notice a minimum of seven calendar days prior to 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. Page 8 of 38 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Add to this section: Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance 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. Page 9 of 38 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. 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 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3) 7-10.3 Street Closures, Detours and Barricades Add to this section: The Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan for work on 32nd Street, 30th Street and Via Lido and detour plans(s) for each street impacted. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and 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. Page 10 of 38 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. The Contractor will be allowed to close one alley or street at a time to complete the work. Work in other alleys and streets can take place if not immediately adjacent to the first area of work and does not cause any other impacts to residents, such as lost street parking. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. Contractor will be responsible for providing detour plans for each road closure. Plans may include postings of "No Parking" to increase traffic flow on streets where traffic is detoured to increase traffic flow. 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. Coast Highway work hours shall be limited to 6:00 AM to 2:00 PM for westbound lanes and 10:00 AM to 6:00 PM for eastbound lanes. 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. Page 11 of 38 Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.7 Street Sweeping Signs and Parking Meters 7-10.7 Street Sweeping Signs and Parking Meters After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach "PERMIT PARKING ONLY" signs are available from the Engineer. Add the following Section 7-10.8 Notice to Residents and Temporary Parking Permits 7-10.8 Notices to Residents and Temporary Parking Permits Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or alley, 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. In addition to the forty-eight hour Page 12 of 38 notice, the Contractor shall hand out two Temporary Parking Permits to each residence adjacent to the alley construction. The Temporary Parking Permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. 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. Add the following Section 7-15 Contractor's Licenses: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess an "A" 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. Add the following Section 7-16 Contractor's Records/As-built Drawings 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." Add the following Section 7-17 TEMPORARY WATER MAIN BY-PASS 7-17 TEMPORARY WATER MAIN BY-PASS 7-17.1 General As a part of this project, the Contractor will be responsible for installation of the temporary by-pass water system as described in these special provisions and the plans. Page 13 of 38 The Contractor can commence installation of new mains once the temporary by-pass system is in place and has passed a disinfection test. The Contractor shall have the by- pass line inspected by City personnel prior to commencing the project. If at any time, the temporary by-pass water system is damaged, it will be the Contractor's responsibility to repair and replace any damaged or destroyed section to the satisfaction of the City. The Contractor shall adhere to the following special provisions when installing temporary by-pass systems: 1. Water service shall be maintained to all customers at all times except as necessary to install the temporary by-pass system. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. It is recommended that two (2) 2 -inch steel by-pass lines shall be installed, one on either side of the alley adjacent to the meter boxes. All temporary piping crossing streets shall be buried and paved flush with the existing surface. 3. The Contractor shall make arrangements for disinfection and bacteriological testing and certification of the by-pass systems from Mr. Chris Auger, at (949) 718-3417. The Contractor shall be responsible for disinfection and flushing the by-pass systems as well as pulling the bacteriological samples and running the incubations tests for coliform bacteria. 4. The Contractor will then remove meters and connect services to temporary by- pass systems. Upon acceptance by the City of new water mains, after the water services have been reinstalled by the Contractor, the Contractor will disconnect the temporary by-pass system at each service connection and reinstall meters. The temporary water main by-pass system installed at any given time shall not exceed the water services between any single alley section (from local street intersection to local street intersection) unless approved in writing by the City in advance of the work, including specific limits of the proposed by-pass. Add the following Section: 7-18 WATER MAIN PRESSURE TESTING, DISINFECTION AND FLUSHING 7-18.1 General As a part of this project, the Contractor will be responsible for pressure testing, disinfection and flushing of the new water mains. The Contractor shall adhere to the following special provisions for pressure testing, disinfection and flushing of new water mains and services and Sections 207-21.7, 207 - Page 14 of 38 21.7.1, 207-21.7.2, 306-1.4.5 (Water pressure test) and 306-1.4.7 (Water main Disinfection) of the Standard Special provisions: 1. Water service shall be maintained to all customers at all times except as necessary to transfer service from the old main to the new main. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. Contractor shall pressure test new main lines including any services prior to disinfection. 3. The Contractor shall make arrangements for disinfection and bacteriological testing and certification of the new main and services from Mr. Chris Auger, at (949) 718-3417. The Contractor shall be responsible for disinfection and flushing the main and services as well as pulling the bacteriological samples and running the incubations tests for coliform bacteria. 4. Upon successful completion of the pressure testing and disinfection, the Contractor shall thoroughly flush all mains and services prior to connection to customers. Flushing of services shall be done at the new angle stop and fittings shall be utilized such that the meter box is not flooded by the flushing operation." Add the following Section: 7-19 SEWER FLOW BY-PASS SYSTEM The Contractor shall bypass all sewage flows during sewer related construction operations, as required. The Contractor shall at all times be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. If pumping is required, the Contractor shall provide redundant pumping capabilities to remain on site if the primary system fails. Primary bypass system and backup bypass systems shall be designed to handle 120% of the peace flow as specified by the "City. The effluent level in the bypass pumping manhole shall not be allowed to rise more than 1 foot above the crown of the incoming sewer pipe. Plans for bypassing shall be submitted by the Contractor to the City for approval prior to related construction activity, allowing at least 10 working days for review and return of comments. Approval by the City does not in any way relieve the Contractor of its responsibilities provided for in this section of any public liability for sewage spills under this Contract." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, Page 15 of 38 materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as needed, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item 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. 2 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flag persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach requirements. Item No. 3 Excavation Safety: Work under this item shall include adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb, which shall comply to applicable safety orders including, but not limited to, planning, designing, engineering, furnishing, constructing, and removing temporary sheeting, shoring and bracing, and any other work necessary to conform to the requirements of any permits, OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code. Item No. 4 Replace Traffic Loops Damaged by Construction: Work under this item shall include all labor, materials and equipment to remove and replace all traffic loops damaged during construction activities per the project specifications. This bid item includes installation of temporary loops that will be necessary prior to final paving. Item No. 5 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to complete the work in place. Item No. 6 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of corner records, re- establishment of property corners distributed by the work, and other survey items as required to complete the work in place. Page 16 of 38 Item No. 7 Provide As -Built Plans (and DBE Certification if applicable). Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for 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 $10,000 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. Item No. 8 Provide Allowance for Unforeseen Conditions: An amount of $75,000 is to be included for unknown underground obstructions, as directed by the Engineer based on a time and materials basis. Item No. 9-13 Construct 4 -inch, 6 -inch, 8 -inch, 10 -inch and 12 -inch PVC, C-900 DR 14, Water Main: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 14-17 Construct 4 -inch, 6 -inch, 8 -inch and 12 -inch Ductile Iron Resilient Wedge Gate Valve: Work under this item shall include installing a Ductile Iron Resilient Wedge Gate Valve of the size shown on the plans including, but not limited to, valve box and cover and valve extension and all other work items as required to complete the work in place. Item No. 18-21 Construct 4 -inch, 6 -inch, 8 -inch and 12 -inch Ductile Iron Resilient Wedge Gate Valve (Refer to Sheet 25-26): Work under this item shall include pavement removal, exposing utilities in advance of excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, removing of existing valve, installing a Ductile Iron Resilient Wedge Gate Valve of the size shown on the plans including, but not limited to, valve box and cover and valve extension, connections to existing facilities, fittings, transition or flexible couplings, removal of interfering portions of existing utilities or improvements, bedding, backfill, compaction, disposal of excess excavation materials, and all other work items as required to complete the work in place. Item No. 22-26 Install 1 -inch, 2 -inch (Short and Long side), 4 -inch, 6 -inch, or 8 - inch Water Service Connection: Per City Standard Drawings (including new lid and boxes), work under this item shall include all labor, materials and equipment to construct new laterals and reconnect existing services to new piping using 45 degree bends, including maintenance of water service to existing customers during tie-in, saw - cutting existing pavement, excavation, cutting, tapping or preparation of existing pipe, adjustments to services on private side of meter, preparation of old surface to mate with new work, fittings, couplings, thrust blocks and restraints, saddles, spools, butt straps, Page 17 of 38 piping, flanges, bedding, backfill, testing, disinfection, compaction, temporary paving and patching or trench plates, and all other work items as required to complete the work in place. Item No. 27 Remove Existing Valve, Remove Existing Valve Can, Lid, Riser and Bury: Work under this item shall include pavement removal, removing the existing valve including, but not limited to, valve can, lid, riser and bury, cutting and plugging abandoned main, excavation, backfill, and all other work items as required to complete the work in place. Item No. 28 Remove Existing Valve, Remove Existing Valve Can, Lid, Riser and Bury, Install Pipe Spool and Connect to Existing: Work under this item shall include pavement removal, removing the existing valve including, but not limited to, valve can, lid, riser and bury, installing a new pipe spool of the size and type shown on the plans and connecting to the existing water main on either side, and all other work items as required to complete the work in place. Item No. 29 Cut and Plug Water Main and Abandon in Place: Work under this item shall include cutting and plugging the existing water main as shown on the plans and abandoning the remaining water main in place and all other work items as required to complete the work in place. Item No. 30 Connect to Existing Water Main: Work under this item shall include furnishing and installing all pipe material to connect the new pipeline to the existing water main including, but not limited to, pavement removal and replacement, temporary paving and patching or trench plates, trench excavation, bedding, backfill, compaction, slurry backfill, installation of pipe, fittings, transition or flexible couplings, removal, abandoning, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 31 Abandon in Place Existing Water Mains: Work under this item shall include furnishing all labor, materials and equipment to abandon in place the existing water main for the limits shown on the plans, including, but not limited to, excavation, backfill, slurry backfill (if required), compaction, pavement removal and replacement, protection of existing water main and improvements to remain in service, plugging and filling abandoned portion of main with 1 -sack slurry and all other work items as required to complete the work in place. Item No. 32 Remove Existing AC Pipe (4"-12"): Work under this item shall include furnishing all labor, materials and equipment to remove and dispose of the existing asbestos cement pipe in accordance with local, state and federal regulations and all other work items as required to complete the work in place. Item No. 33 Remove Existing Pipe (4"-12"): Work under this item shall include furnishing all labor, materials and equipment to remove and dispose of the existing ductile iron, cast iron, PVC or steel pipe and all other work items as required to complete the work in place. Page 18 of 38 Item No. 34 Construct 6 -inch Fire Hydrant Assembly: Work under this item shall include installing a new fire hydrant assembly in accord with City of Newport Beach STD -500-L, including but not limited to fire hydrant, fire hydrant bury, valve, valve box and cast Iron traffic cover, valve extension, removal and replacement of existing sidewalk per CNB STD -180-L and all other work items as required to complete the work in place. Item No. 35 Construct Double Check Detector Backflow Preventer Assembly: Work under this item shall include installing a double check detector backflow preventer assembly in accord with City of Newport Beach STD -517-L, including but not limited to backflow preventer, valves, piping, removal and replacement of existing sidewalk per CNB STD -180-L, existing driveway, landscaping/irrigation and all other work items as required to complete the work in place. Item No. 36 Construct Vault Lid: Work under this item shall include installing a new double leaf lid to an existing vault at Address 601 Lido Park Drive (4'x6') and 703 Lido Park Drive (4'x6') — Bilco JD -AL 300 psf rated or equal, including but not limited to removal of the existing lids, installation of new lids per City requirements and all other work items as required to complete the work in place. Item No. 37 Remove Existing Vault: Work under this item shall include removing existing vaults at Address 611 and 621 (middle of street) Lido Park Drive, including but not limited to removal of the existing vault, lid, internal piping, valves, and appurtenances, capping of any piping to remain in service, backfill and surface restoration and all other work items as required to complete the work in place. Item No. 38 Temporary Water Main Bypass and Service Connections: Work under this item shall include furnishing and installing a temporary water main bypass (for potable water use), disinfection and testing, temporary pipe restraint, temporary service connections, disconnection and removal of temporary water services, for all affected water services, one alley at a time (from local street intersection to local street intersection, maximum) to accommodate proposed improvements and maintain services as required to complete the work in place. Item No. 39 Pressure Test, Disinfect and Flush Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. Item No. 40 Pothole Crossing Utilities: Work under this item shall include all labor, materials and equipment to pothole crossing utilities for the proposed water main. Work shall include, but not be limited to, traffic control permit acquisition, preparation of traffic control plans, pothole operations to locate and determine depth of crossing utility, field notes, bore hole patching and any other work necessary per permit requirements to identify the depth of the utility. Item No. 41 Trench Dewatering and Discharge: Work under this item shall include all material, labor and equipment (well point system) for providing dewatering of Page 19 of 38 groundwater from trenches associated with trenching and installation of new pipelines and appurtenances, including permitting by City and other regulatory agencies, and discharge and disposal of groundwater according to all permit requirements. Also, work under this item shall include preparing an application for the OCSD Special Purpose Discharge Permit including necessary groundwater quality testing, obtaining the permit, paying for the permit fee, implementing the permit requirements including the desilting tank, meter and other facilities, and providing the required monitoring testing and reporting requirements included in the OCSD permit, and all other appurtenant work to comply with the OCSD permit for all project dewatering. Item No. 42 Remove and Construct P.C.C. Street Pavement Per CNB STD -105- L -B: Work under this item shall include removing existing improvements and constructing P.C.C. street pavement and all other work items as required to complete the work in place per STD -105 -L -B. Item No. 43 Repair Cross Gutter, Sidewalk, Driveway, Curb and Gutter: Work under this item shall include, but is not limited to sawcutting, excavation, backfill, compaction, disposal of excess material, removal and replacement of pavement sidewalk, cross gutter, driveway, curb and gutter, and all other work items as required to complete the work in place. Cross gutter = 3,100 S.F, sidewalk = 750 S.F, driveway = 1,800 S.F. and curb/gutter = 400 L.F. Item No. 44 Construct 8 -inch Extra Strength VCP Sewer Pipe: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal and replacement, temporary paving and patching or trench plates, exposing utilities in advance of pipe excavation operation, trench excavation, control of ground water (dewatering) and surface water, bedding, backfill, compaction, slurry backfill,- concrete cap, installation of pipe and fittings, removal, abandoning, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 45 Construct Sewer Cleanout: Work under this item shall include furnishing and installing a sewer cleanout per STD -400-L including, but not limited to, pavement removal and replacement, temporary paving and patching or trench plates, exposing utilities in advance of pipe excavation operation, trench excavation, control of ground water (dewatering) and surface water, bedding, backfill, compaction, sewer cleanout frame and cover, connection to new and existing sewer pipe as shown on the Plans, removal, abandoning, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No.46 Remove and Dispose of Existing 8 -inch Sewer: Work under this item shall include, but not limited to, furnishing all labor, materials and equipment to remove existing sewer main, pavement removal, excavation operation, control of ground water (dewatering) and surface water, removal, abandoning, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of Page 20 of 38 utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No.47 Remove and Dispose of Existing Sewer Manhole and Base: Work under this item shall include, but not limited to, furnishing all labor, materials and equipment to remove existing manhole base, frame, rings, cover, pavement removal, excavation operation, control of ground water (dewatering) and surface water, removal, abandoning, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No.48 Perform Pre and Post Construction CCN Inspection: Work under this item shall include, but not limited to, furnishing all labor, materials and equipment to perform a CCTV inspection prior to construction and post-construction with documentation formatting per Section 500-1.1.5 of the SSPWC and all other work items as required to complete the work in place. Item No.49 Connect Existing Service Lateral to New Sewer: Work under this item shall include, but not limited to, furnishing all labor, materials and equipment to reconnect each sewer service lateral connection to the new sewer main and all other work items as required to complete the work in place. Item No.50 Connect to Existing Sewer Manhole: Work under this item shall include, but not limited to, furnishing all labor, materials and equipment to connect the new sewer main to the existing sewer manhole where shown on the Plans and all other work items as required to complete the work in place. Item No. 51 Construct 48-inch Manhole: Work under this item shall include furnishing and installing manhole per CNB 8TD-401-L including, but not limited to, pavement removal and replacement, temporary paving and patching or trench plates, exposing utilities in advance of pipe excavation operation, trench excavation, control of ground water (dewatering) and surface water, bedding, backfill, compaction, concrete base, precast manhole rings, manhole frame and cover, connection to new and existing sewer pipe as shown on the Plans, removal, abandoning, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No.52 Remove and Dispose of Existing Sewer Cleanout: Work under this item shall include, but not limited to, furnishing all labor, materials and equipment to remove existing sewer cleanout, frame, cover, pavement removal, excavation operation, control of ground water (dewatering) and surface water, removal, abandoning, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 53 Sewage Flow Bypassing: Work under this item shall include the diversion of existing sewage flows during construction including, but not limited to, Page 21 of 38 pumps, temporary hoses or piping, pump trucks, plugs and any other appurtenant work required to divert existing sewage flow. Item No. 54 Repair Drop House Lateral: Work under this item shall include, but is not limited to sawcutting, excavation, removal of existing drop house lateral, construction of new drop house lateral, repair of any damage to existing sewer manhole from removal and construction, band seals, concrete patching, sealant, backfill, compaction, disposal of excess material and all other work items as required to complete the work in place. Item No. 55 Construct 6 -inch PVC, C-900 DR 14, Water Main (Refer to Sheet 22): Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, aggregate base, pavement replacement, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 56 Install 1 -inch Irrigation Service Connection (Refer to Sheet 22): Per City Standard Drawings (including new lid and boxes), work under this item shall include all labor, materials and equipment to construct new laterals and reconnect existing services to new piping using 45 degree bends, including maintenance of water service, saw -cutting existing pavement, excavation, cutting, tapping or preparation of existing pipe, preparation of old surface to mate with new work, fittings, couplings, thrust blocks and restraints, saddles, spools, butt straps, piping, flanges, bedding, backfill, testing, disinfection, compaction, aggregate base and pavement replacement, temporary paving and patching or trench plates, and all other work items as required to complete the work in place. Item No. 57 Install 4 -inch Water Service Connection (Refer to Sheet 22): Per City Standard Drawings (including new lid and boxes), work under this item shall include all labor, materials and equipment to construct new laterals and reconnect existing services to new piping using 45 degree bends, including maintenance of water service to existing customers during tie-in, saw -cutting existing pavement, excavation, cutting, tapping or preparation of existing pipe, adjustments to services on private side of meter, preparation of old surface to mate with new work, fittings, couplings, thrust blocks and restraints, saddles, spools, butt straps, piping, flanges, bedding, backfill, testing, disinfection, compaction, aggregate base and pavement replacement, temporary paving and patching or trench plates, and all other work items as required to complete the work in place. Item No. 58 Construct 6 -inch Fire Hydrant Assembly (Refer to Sheet 22): Work under this item shall include installing a new fire hydrant assembly in accord with City of Newport Beach STD -500-L, including but not limited to fire hydrant, fire hydrant bury, valve, valve box and cast Iron traffic cover, valve extension, removal and Page 22 of 38 replacement of existing sidewalk per CNB STD -180-L and all other work items as required to complete the work in place. Item No. 59 Base Pave Flush w/Asphalt Concrete: Work under this item shall include, compaction, base paving trench flush with hot mix asphalt concrete over existing native fill per Repaving Detail and all other work items as required to complete the work in place. Item No. 60 Grind AC and Place Final Asphalt Pavement Overlay: Work under this item shall include a 2 -inch grind and placement of final 2 -inch asphalt pavement overlay with conventional hot mix asphalt concrete in accordance with the City of Newport Beach requirements and all other work items as required to complete the work in place. Item No. 61 Install 2" Air and Vacuum Release Valve Assembly: Work under this item shall include installing a new 2" air and vacuum release valve assembly in accord with City of Newport Beach STD -515-L, including but not limited to removal of pavement and landscaping, trench excavation, shoring, bracing, temporary patching or trench plates, bedding, 2 -sack slurry backfill, replacement of damaged irrigation system and plants or shrubs and all other work items as required to complete the work in place. Item No. 62 Relocate Existing Air and Vacuum Release Valve Assembly: Work under this item shall include relocating the existing air and vacuum release valve assembly can located at 2001 West Coast Highway (plan sheet 27) to the existing planter area in accord with City of Newport Beach STD -515-L, including but not limited to removal of irrigation and landscaping, replacement of damaged irrigation system and plants or shrubs and all other work items as required to complete the work in place. This item shall also include cleaning and. painting the existing can with marine grade paint (Rust-Oleum Epoxy "White" or equivalent). Item No. 63 Construct 8 -inch PVC, C-900 DR 14, Water Main: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, bedding, 2 -sack slurry backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 64 8 -Inch Weld -On Flange Connection Per Detail A (Plan Sheet 28): Work under this item shall include furnishing and installing all pipe material to connect the new pipeline to the existing water main per detail A on plan sheet 28 including, but not limited to, pavement removal and replacement, temporary paving and patching or trench plates, trench excavation, bedding, 2 -sack slurry backfill, compaction, slurry backfill, installation of pipe, fittings, transition or flexible couplings, removal, abandoning, or protection of interfering portions of existing utilities or improvements, temporary and Page 23 of 38 permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 65 Water Main Connection Per Detail B (Plan Sheet 28): Work under this item shall include furnishing and installing all pipe material to connect the new pipeline to the existing water main per detail B on plan sheet 28 including, but not limited to, pavement removal and replacement, temporary paving and patching or trench plates, trench excavation, bedding, 2 -sack slurry backfill, compaction, installation of pipe, fittings, transition or flexible couplings, removal, abandoning, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 66 Remove 12" Thick P.C.C. Street Pavement (West Coast Highway): Work under this item shall include removal and disposal of existing 12 -inch thick P.C.C. tank road and all other work items as required to complete the work in place. 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. Page 24 of 38 PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Add to this section: Portland Cement concrete for construction shall be Class 560-C- 3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures 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 207-8 VITRIFIED CLAY PIPE (VCP) 207-8.1 General These specifications apply to vitrified clay pipe intended to be used for the construction of sewers. 207-9 IRON PIPE AND FITTINGS Page 25 of 38 207-9.2 Ductile Iron Pipe for Water and Other Liquids 207-9.2.2 Pipe Joints Add to this section: All flanged pipe joints shall be joined utilizing type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full-faced, cloth reinforced Buna-N rubber. Flex and Transition coupling used to join pipe in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe hardness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all -thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from Stainless Steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All Fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints. 207-9.2.3 Fittings Add to this section: "Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21-10) and shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full-faced Buna-N, nylon impregnated rubber." 207-9.2.6 Polyethylene Encasement for External Corrosion Protection Revise this section to read: "Ductile iron pipe fittings and valves buried underground shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene. Add the following Section: 207-9.4 AWWA Butterfly Valves Page 26 of 38 207-9.4 AWWA Butterfly Valves 207-9.4.1 General All butterfly valves shall be of the tight -closing, rubber -seat type, conforming to the design standards of ANSI/AWWA C504 latest revision, except where noted herein. Valves shall be bubble -tight at the rated pressure in either direction and shall be suitable for throttling service and/or operation after longs periods of inactivity. Manufacturer shall be ISO 9001 Certified or have similar certification up and above AWWA. All butterfly valves shall be from the same manufacturer. Valves shall be manufactured by the Henry Pratt Co. or approved equal prior to bidding. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI B16.1 flange drilling. All valves to have 316 stainless steel exterior body bolts. Discs shall be of the concentric design. Valve discs shall be constructed of ductile iron ASTM A536, Grade 65-45-12 with a 316 stainless steel edge. Valves shall have a one piece through shaft of 18-8 stainless steel, corresponding to the requirements of AWWA C504, latest revision. The shafts shall fasten to the disc by means of a threaded disc pin or through pin providing a positive leak proof connection of the shaft to the disc. Seats shall be simultaneously bonded and vulcanized to the body of the valve. All interior surfaces in contact with water, excluding stainless steel and disc shall be rubber lined or epoxy coated. Valves with the rubber seat located on the valve disc will not be permitted. Seats shall be designed so that no adjustments or maintenance is required. All shaft bearings shall be of the self-lubricating, corrosion -resistant, sleeve type. Bearings shall be designed for horizontal and/or vertical shaft loading. Shaft packing shall be self-adjusting and suitable for pressure or vacuum service. The flow path for valves shall be fully rubber lined. The valve disc shall be Fusion Bonded Epoxy Coated with an AWWA NSF -61 coating system or liquid epoxy on wetted interior surfaces 16 mils, holiday free. Exterior coating shall have 16 mils of liquid epoxy. All valves to be painted at the factory by the valve manufacture. All valves shall be hydrostatic and leak tested in accordance with ANSI/AWWA C504, latest revision with the following modification: Valves shall be tested and rated at 200 PSI to facilitate field system hydro -test. All valves to be tested with the actuator installed as a complete unit by the valve manufacture. Provide certified test reports with all valve shipments. Manufacturer furnishing valves shall present proof of compliance with ANSI/AWWA C504, latest revision. The valve actuators are to be installed and tested at the factory by the valve manufacture. All actuators to be provided with 316 stainless steel exterior body bolts. 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." Page 27 of 38 214-5 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 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachea.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 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%2 inch" of the last sentence with the words "two (2) inches". Page 28 of 38 Add the following Section 301.5 Solid Waste Diversion 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 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 (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-1/2 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.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201- 1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." Page 29 of 38 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.4 Joints 303-5.4.1 General Add to this section: `The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303-5.5 Finishing 303-5.5.1 General Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter Add to this section: 'The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." Page 30 of 38 SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 307-17 TRAFFIC SIGNAL CONSTRUCTION 307-17.7 Vehicle Detectors 307-17.7.3 Inductive Loop Detectors Amend this Section to include: "Traffic signal loop detectors shall be installed per Caltrans Standard Plans ES -5A and ES -513 and shall be Type E spaced ten feet apart. Front loops shall be a 6' diameter, modified Type E per the Traffic Signal Specifications Supplemental and will be placed immediately behind the limit line/crosswalk. Loop wire shall be Type 2. Loop Sealant shall be Hot -Melt Rubberized Asphalt sealant. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement course placement." 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 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. Page 31 of 38 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 plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." Page 32 of 38 310-5.6.8 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 310-5.6.11 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. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT Amend this section with: Page 33 of 38 The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." Page 34 of 38 Fg-ITZVO, SECTION 400 - ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." Page 35 of 38 APPENDIX A OCSD APPLICATION FOR SPECIAL PURPOSE DISCHARGE PERMIT APPLICATION FOR SPECIAL PURPOSE DISCHARGE PERMIT Permit No. A. Instructions Special Purpose Discharge Permits are limited term permits, with a maximum term of one year. For the Orange County Sanitation District (District) to properly evaluate and process a Special Purpose Discharge Permit, • The Permit Application form must be filled out completely. Your application will be returned to you if there is missing information. Clearly print or type the information requested. Please write "NIA" if the information being requested does not apply. • The Permit Application must be signed by the Chief Operating Officer or official company representative. The District will return your Permit Application if it is not signed by the proper company official. • The permit fees and other charges are due at the time the Permit Application is submitted. An application received without remittance will be returned. B. Applicant and Ownership Information Applicant: Complete Legal Entity Name Mailing Address Street City Stale Zip Code Phone Number: ( ) Fax Number: ( ) Contact Name: E-mail Address: Sewer Service Address: Street City State Zip Code Please include a site map List all Principal Owners /Major Shareholders of the site and/or business: Name Title Address Name Title Address Name Title Address For Corporations Only: Year of Incorporation State of Incorporation No. Prior to commencement of discharge to the local and regional sewerage system, in accordance with the policies and procedures set by the District, the permit applicant must apply for and receive a Special Purpose Discharge Permit from the District. The District may require that permit applicant enter into an agreement setting forth the terms under which the special purpose discharge is authorized in addition to or in lieu of issuance of the Special Purpose Discharge Permit. C. Project and Site Information Describe and submit the following (use additional sheets if necessary): 1. Describe project generating the discharge. Include site drawings and piping layout. 2. Reasons for the discharge request to the sewer system. 3. Analysis of the feasibility of other disposal alternatives (e.g., discharging into storm drains, reuse and reclamation, etc.). 4. Describe the following: • Is this a one-time discharge? ❑ Yes ❑ No • Do you project this discharge to last longer than one year? ❑ Yes ❑ No • Projected duration: Of project: Of discharge: • Does the facility on this site have a Wastewater Discharge Permit issued by he Orange County Sanitation District? Yes No If yes, provide Permit number: • Average daily flow (gpd) from this site: gpd • If this is a one-time discharge, indicate the total expected discharge for the project: • Rate of discharge: gpm • Hours of discharge: From: a.m. To: p.m. • Number of days per week of discharge: gallons •Days of week of discharge (enter X): Mon Tue Wed Thu Fri_ Sat Sun Page 2 o19 5. Location of discharge point: Include site drawings. 6. Contaminants present in the source of discharge and level of each contaminant. Constituent Level (mg/L) Analytical Method Used Include analytical reports. 7. Detailed design and technical information (include drawings and attach additional information). • Pretreatment system provided to remove the contaminants. • Equipment/structure and method to prevent pass-through and interference with the sewerage system in case of temporary outages, emergency shutdown, or sewer surcharge. • Best management practices and pollution prevention strategies designed to minimize or eliminate the proposed discharge to the sewer. • System to measure and record the discharge to the sewer system (see Attachment 157 for effluent flow meter installation requirements). Page 3 of 9 If effluent measuring device is already installed, please provide the following: Date of last calibration: Type of calibration: ❑ Hydraulic ❑ Instrumentation Calibration performed in situ? ❑ Yes ❑ No The calibration of an existing effluent meter maybe acceptable to the District only if: • performed in-situ, • performed within 30 days prior to this application submittal and in accordance with Attachment 162, and • required calibration report (Attachment 162) is submitted with this application. 8. Provisions for District's staff to gain access to the effluent sample point and measuring device for the purpose of verifying compliance. Designate your company's authorized local associate that District's staff can contact to gain access to the sample point and measuring device(s): Name: Address: Title: Street city Stale Zip Code Phone Number: ( ) E-mail: D. Additional Requirements and Certification Please complete and provide the following documents with your application: • Certification of Accuracy of Information • Sewer Connection Verification Statement • Certification of Responsible Officer • Option to Designate Signatory (Optional) Page 4 of 9 Certification of Accuracy of Information I have personally examined and am familiar with the information submitted in the attached document, and 1 hereby certify under penally of law that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. Official Company Representative: Name: Signature: Title: Date: Name of the person to contact concerning information provided in this application: Name: Address: Title: Telephone: Page 5 of 9 Sewer Connection Verification Statement 1-1 Connection to District's Sewer System (Trunklines) Connection Permit No.: Connection Address: Discharge Pipe Size: inches Maximum Flow Rate: gpm Receiving Trunkline Name I Size: Date Connection/Inspection Fees Paid: ❑ Connection to Local Sewer (Collection) Systems Local Sewerage Agency: Connection/Encroachment Permit No. (if applicable): Connection Address: Maximum Allowed by Local Sewerage Agency: gpm Name and Title of Local Agency Contact: Contact's Phone No: �) / inches Page 6 of 9 Certification of Responsible Officer 1, the undersigned, do hereby certify that I meet the definition of a Responsible Officer, as outlined below: as: 1. For a corporation: a. a president, secretary, treasurer, or vice-president in charge of a principle business function, or any other person who performs similar policy- or decision-making functions for the corporation, or b. the manager of one or more manufacturing, production, or operating facilities provided, the manager is authorized to assure long-term environmental compliance with environmental laws and regulations; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. For partnership or sole proprietorship: a general partner or proprietor, respectively. 3. For a public agency: a general manager, department manager, or supervisor of a public agency who performs policy - or decision-making functions for the public agency. I accept the responsibility for the overall operation of the facility and/or overall responsibility for compliance with all regulatory requirements for the facility from which the wastewater discharge originates. I understand that if, in the future, this information is no longer correct, the District will be notified in writing to establish a new Responsible Officer. Name of Responsible Officer: (Please Pnntw Type) Signature: Title: Company Name: Date: Permit No.: E-mail Address: NOTE: All correspondence regarding permit, enforcement, and self-monitoring issues (e.g.. Self -Monitoring Forms and Reminder Letters, Notices of Violation, Permit Application, etc.) shall be sent to the Responsible Officer or to the Designated Signatory if properly authorized. If there is a change in the Responsible Officer or Designated Signatory in the future, the District must be notified in writing and the appropriate form must be submitted. Page 7 of 9 THIS IS OPTIONAL IF Submit this form only if the Responsible Officer wants to designate a signatory. Option to Designate Signatory This is to authorize the individual whose name and title appear below, Designated Signatory's Name (Please Pnnfor Type) to be the designated individual responsible for wastewater discharges who can be served with notices, and who is the Designated Signatory on my behalf for purposes of signing all reports. This individual has the responsibility for the overall operation of the facility and/or overall responsibility for compliance with all regulatory requirements for this facility from which the wastewater discharge originates. I understand that if, in the future, this information is no longer correct, the District will be noted in writing to terminate designation of the above-named individual and to establish a new signatory. Name of Responsible Officer: (Please Pnrd or Type) Signature: Title: Company Name: A designated signatory is defined as: A duly authorized representative of the responsible officer if Date: Permit No.: E-mail Address: a. the authorization is made in writing and is submitted to Orange County Sanitation District using this form; b. the authorization specifies ether an individual or a position having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of plant manager, operatorof a well, or well field superintendent, ora position of equivalent responsibility, or having overall responsibility for environmental matters for the company; c. the designated signatory is not a third party to the responsible officer. I accept the responsibility for the overall operation of the facility and/or overall responsibility for compliance with all regulatory requirements for this facility from which the wastewater discharge originates. I understand that it is my responsibility to keep the Responsible Officer informed at all times regarding all permit and enforcement issues. Name of Designated Signatory: (Please Pdnfor Type) Signature: Title: Date: E-mail Address: All correspondence regarding all permit and enforcement issues shall be sent to the Designated Signatory, It is the Designated Signatory's responsibility to keep the Responsible Officer informed at all times regarding all permit and enforcement issues. The Responsible Officer remains legally responsible for all wastewater discharge to the sewer from this facility and for ensuring that he is duly informed by the Designated Signatory. Page 8 of 9 ORANGE COUNTY SANITATION DISTRICT APPLICATION FOR SPECIAL PURPOSE DISCHARGE PERMIT APPLICATION PACKAGE CHECKLIST Date of last regular discharge (Not Including purge water for sampling): SUBMITTED ❑ PERMIT APPLICATION ❑ PERMIT FEE REMITTANCE ($2,365.58 for New Permit - $1,500.00 for Renewal) (Include a copy of the check) INFORMATION AND DRAWINGS REQUIREMENTS: ❑ I. Current Site Drawing and Process Flow Sketch ❑ II. Influent Lab Analysis ❑ III. Certificate of Responsible Officer ❑ IV. Option to Designate Signatory ❑ V. Effluent Meter In Situ Hydraulic Calibration Report ❑ VI. Sewer Connection Verification Statement ❑ VII. Certification of Accuracy of Information ❑ Other: The items checked above were submitted. Applicant Signature Date Note 1: All Signatures must be from the Responsible Officer or Designated Signatory. Consultant Signatures will not be accepted. Note 2: This checklist must be submitted with the SPDP Permit Application. Page 9 of 9 Submit this form only • • • Officer is to • • the Signatory. ^ Jp� a C irla•'� Certification of Responsible Officer 1, the undersigned, do hereby certify that I meet the definition of a Responsible Officer, as outlined below: A responsible officer is defined as follows: 1. For a corporation: a. A president, secretary, treasurer, or vice-president of the corporation in charge of the principal business functions, or any other person who performs similar policy- or decision-making functions for the corporation, or b. The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. For partnership or sole proprietorship, a general partner or proprietor, respectively. I accept the responsibility for the overall operation of the facility and/or overall responsibility for compliance with all regulatory requirements for the facility from which the wastewater discharge originates. t understand that if, in the future, this information is no longer correct, the District will be notified in writing to establish a new Responsible Officer. Name of Responsible Officer (Please Print or Type) Signature Title Company Name Date Permit No. NOTE: All correspondence regarding permit, enforcement, and self-monitoring issues (e.g., Self -Monitoring Forms and Reminder Letters, Notices of Violations, Permit Application, etc.) shall be sent to the Responsible Officer or to the Designated Signatory if properly authorized. If there is a change in the Responsible Officer or Designated Signatory in the future, the Districts must be notified in writing and the appropriate form must be submitted. h:Iw .dt \%\.3599\forms\o sdrms\certificadon of responsible oRcer.doc Last revised: May B. 1999 Submit this form only if the Responsible Officer wants to designate a Signatory. Authorization for Designated Signatory This is to authorize the individual whose name and title appear below, Designated Signatory's Name (Please to be the designated individual responsible for wastewater discharges who can be served with notices, and who is the Designated Signatory on my behalf for purposes of signing all reports. This individual has the responsibility for the overall operation of the facility and/or overall responsibility for compliance with all regulatory requirements for this facility from which the wastewater discharge originates. i understand that if, in the future, this information is no longer correct, the District will be notified in writing to terminate designation of the above-named individual and to establish a new signatory. Name of Responsible Officer (Please Print m Type) Signature Title Company Name A responsible officer is defined as follows: 1. For a corporation: Date Permit No. a. A president, secretary, treasurer, or vice-president of the corporation in charge of the principal business functions, or any other person who performssimilar policy- or decision-making functions for the corporation, or b. The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 2. For partnership or sole proprietorship, a general partner or proprietor, respectively. t accept the responsibility for the overall operation of the facility and/or overall responsibility for compliance with all regulatory requirements for this facility from which the wastewater discharge originates. I understand that it is my responsibility to keep the Responsible Officer informed at all times regarding all permit and enforcement issues. Name of Designated Signatory (Please Print or Type) Signature Title Date All correspondence regarding all permit and enforcement issues shall be sent to the Designated Signatory. It is the Designated Signatory's responsibility to keep the Responsible Officer informed at all times regarding all permit and enforcement issues. The Responsible Officer remains legally responsible for all wastewater discharge to the sewer from this facility and for ensuring that he is duly informed by the Designated Signatory. F:\UsemXPBW\Shamd\Contracts\FY14-15 CURRENT PROJECTS1600 - WATER\C-5481 -Newport Blvd Water Main Rehabilitation CAP14- 00301IGN PHASE\Appendix A3 - OCSD Designated Signatory.doc