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Home My WebLink AboutC-7173-2 - Balboa Island Water Main Replacement - Phase 2June 25, 2020 T.E. Roberts, Inc. Attn: Timothy Roberts 306 W. Katella Avenue, Unit B Orange, CA 92867 CITY OF PJEvvPOPT BEACH 100 Qvlc Center Drive Newport Beach, Caiitornin 92660 949-6443005 1 949-644-3039FAX newportbeachca.gov Subject: Balboa Island Water Main Replacement — Phase 2 -- C-7173-2 Dear Mr. Roberts: On June 25, 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 June 26, 2019 Reference No. 2019000225313. The Surety for the contract is Travelers Casualty and Surety Company of America and the bond number is 106920564. Enclosed is the Faithful Performance Bond. Sincerely, Lly Leilani I. Brown, MMC City Clerk Enclosure Executed in Two Coui parts CITY OF NEWPORT BEACH BOND NO.1OQ920564 FAITHFUL PERFORMANCE BOND Bond #106920564 Premium $18,045 The premium charges on this Bond is $ 18 045 , being at the rate of $10.60 / $7.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to T.E. Roberts, Inc. hereinafter designated as the "Principal," a contract for removal of existing 4 -inch, 6 -inch, 8 -inch, 10 -inch and 12 -inch water main; Construction of 4 -Inch, 6 -inch, 8 - inch and 12 -inch valves; Construction of 4 -inch, 6 -inch, 8 -inch and 12 -inch water main including all appurtenances, fittings, services and connections to the existing water system. The work involves open -cut method to install C-900 PVC DR 14 water distribution pipe, fittings, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Two Hundred Twenty Two Thousand Three Hundred Dollars ($2,222,300.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 T.E. Roberts, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from Its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1st day of ,20 18. T.E. Roberts. Inc.- Prts�dMf Name of Contractor (Principal) Authorized Signature/iitie 7imahy R"cris Travelers Casualty and Suretyaz: Company of America - Name of Surety Authorized A t Si nature One Tower Square Hesford. CT 06183 Address of Surety (909) 612-3675 Telephone APPROVED AS TO FORM: CITY ATTORN Y' OFFICE Date: i `2. f By. VO4eAaron C. Harp 1:1. 31K City Attorney (aryl, Charles L. Flake, Attorney -In -Fact Print Name and Title NOTARY A CKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED T.E. Roberts, Inc. -_T —J Page B-2 fed. bt016V� e of 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 eapacity(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) T.E. Roberts, Inc. Page B-3 ACKNOWLEDGMENT CIVIL CODE § 1189 Aft" 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 n ren u ) On before me, Date personally appeared &I gg-w► fI ynialiiawgiiimuff r 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), 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 hr h&=�J LW& KIM E. NEWETT Signature of Notary Public COMM. #2228431 zNotary Pubiis • California Orange Counly e Comm. Ex Ires feb. 7 2022 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: ,— Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Cl Corporate Officer — Title(s): I _l Partner — C:1 Limited ❑ General C I Individual i I Attorney in Fact [ 1 Trustee I ] Guardian or Conservator I_ I Other: Signer Is Representing: _- Signer's Name: I I Corporate Officer — Tltle(s): I 1 Partner — CI Limited C] General 1 I Individual I ] Attorney in Fact 1 1 Trustee I:I Guardian or Conservator 1- l Other: Signer Is Representing 02014 National Notary Association - www.NitionalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFL...NIAALL-PURPOSE ACKNOW-MGMENT 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 12-1-18 before me, Lexie Sherwood _ Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charies L. Flake Q0LEXIE SHERWOOD COMM. # 2203287 NOTARY PUBLIC •CALIFORNIA ORANGE COUNT Comm. Exp. JULY 27 2021 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) on the instrument the person(s), or the entity upon behat f 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 ando ficial deal Signature = - 1 Sherwood _ Place Notary Seal Above Signature of Nota Pudic Lexle lerW00 OPTIONAL Though the information below is not required by law it mayprove 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(ies) Claimed by Signer(s) Signer's Name O Individual Corporate Officer---Title(s):_ ❑ Partner El Limited FJ 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 Cl General Ll Attorney in Fact ❑ Trustee IJ Guardian or Conservator ❑ Other: Signer is Representing: Travelers Casualty and Surety Company of America Aftk Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint CHARLES L FLAKE of Anaheim California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. �Nw:�pYE ,•�(v AMD Y•"' IuarPoro, 5 �A �, CQYN. a aM1TPOa0, (glOp,R E CONN. � �ll�rl State of Connecticut City of Hartford as. By: . Robert L. L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it Is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 1st day of December , 2018 r/r/NPifOrq � .P IWITFOM, � (OpO4Al iN' (.,� _ Kevin E. Hughes, Assl lant'f Secretary To verify the authenticity of this Power ofAttoroey, p/ease cr71/ us at 1-800-411-3880. Please refer to the above-named Attomey-/n-Fact and the details of the Gond to whfch the power is attached. August 30, 2019 T.E. Roberts, Inc. Attn: Timothy Roberts 306 W. Katella Avenue, Unit B Orange, CA 92867 CITY OF,NEWPOPT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 rnx newportbeachca.gov Subject: Balboa Island Water Main Replacement - Phase 2 C-7173-2 Dear Mr. Roberts: On June 25, 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 June 26, 2019, Reference No. 2019000225313. The Surety for the bond is Travelers Casualty and Surety Company of America and the bond number is 106920564. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure Executed in Two Coun, darts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 106920564 Bond #106920564 Premium: Included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to T,E. Roberts, Inc. hereinafter designated as the "Principal," a contract for removal of existing 4 -inch, 6 -inch, 8 -inch, 10 -inch and 12 -inch water main; Construction of 4 -inch, 6 -inch, 8 - inch and 12 -inch valves; Construction of 4 -inch, 6 -inch, 8 -inch and 12 -inch water main including all appurtenances, fittings, services and connections to the existing water system. The work involves open -cut method to install C-900 PVC OR 14 water distribution pipe, fittings, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Travelers Casualty and Surety Company of America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Two Hundred Twenty Two Thousand Three Hundred Dollars ($2,222,300.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. T.E. Roberts, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond, IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 1st day of December , 20AL. T.E. Roberts, Inc. Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety One Tower Square Hartford, CT 06183 Address of Surety (909) (312-3675 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S PFFICE Date: 12 Zo I 9t By: 14 4jde�- Aaron C. Harp 101.131$ City Attorney ayy)� Charles L. Flake.Attorney- Ill -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED )be'v T.E. Roberts, 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(les), 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 Califomia 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) T,E. Roberts, Inc. Page A-3 ACKNOWLEDGMENT CML CODE § 111189 A txtNry public or other officer completing this certificate verifies only the identity of the individual who signed the doournent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californian ) County of _ f_ I1� )� r ° QZ* n r On _ - ! j Aqh y before me, Date Here Insert Name and Title df the Office J personally appeared Names) 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), 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. =cab E..WITNESS my hand and official seal. a 8431 r$ alifmnla Aty ab. 7, 2022 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capaclty(tes) Claimed by Signer(s) Signer's Name: CI Corporate Officer — Title(s): C I Partner -- I I Limited 11 General I I Individual I i Attorney In Fact 1 i Trustee 1 1 Guardian or Conservator I I Other: Signer Is Representing: Signer's Name: _________._... I I Corporate Officer — Title(s): 1 1 Partner — LI Limited I_ I General II Individual I I Attorney in Fact L 1 Trustee 1 1 Guardian or Conservator L1 Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item (15907 CALIFC MIA ALL-PURPOSE ACKNO" _ MGMENT 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 12-1-18 before me, Lexie Sherwood_ Notary Public, Date Insert -Name of Notary exactly as it appear; on the official seal personally appeared Charles L. Flake ams(s) of Signer(s) LEXIS ERWOOD COMM. # 2203287 NOTARY PUBLIC *CALIFORNIA G) ORANGE COUNTY Comm. Exp. JULY 27, 2021 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. I Signature rGc S41'di f. ,��,yr Place Notary Seal Above Signature orNotfiry Pub c Lexle Sherwood 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(les) Claimed by Signer(s) Signer's Name: ❑ Individual t Corporate Officer—Title(s): Partner ❑Limited El 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: Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company FTRAVELERgr St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint CHARLES L FLAKE of Anaheim California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd dayof February, 2017. "W"Y�G � wwrfoso. �` mucux State of Connecticut City of Hartford ss. By: Robert L. Raney, Se orbr Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 e �°J"1i'' C 'S,Tna�nuxl.� Mane C. Tali- It, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and otherwritings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 1st day of December , 2018 C - 0 K lN Kevin E. Hughes, Assi tanttant Secretary ro verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney-yn-Fact and the details of the bond to which the power is attached, Batch 4748196 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page I of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder �I�III�IIIIIIIII��II�II NO FEE $ R 0 0 1 a 9 3 2 4 a 4 s� 201900022531310:30 am 06/26119 90 SCS 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 T.E. Roberts Inc., Orange, California, as Contractor, entered into a Contract on November 27, 2018. Said Contract set forth certain improvements, as follows: Balboa Island Water Main Replacement — Phase 2 - C-7173-2 Work on said Contract was completed, and was found to be acceptable on June 25. 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty and Surety Company of America. 'M1 City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. "� - p Executed on ITUnIE Zia, �� t at Newport Beach, California. KINW111111, WIN littps:Hgs.secure-recordiiig.com/Batcli/Confirination/4748196 06/26/2019 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 T.E. Roberts Inc., Orange, California, as Contractor, entered into a Contract on November 27, 2018. Said Contract set forth certain improvements, as follows: Balboa Island Water Main Replacement — Phase 2 - C-7173-2 Work on said Contract was completed, and was found to be acceptable on June 25, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty and Surety Company of America. m Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge./_ Executed on �u�VE !�(�, �'(ili at Newport Beach, California. IWO City Clerk CIT7 ^ L M^ CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 7th day of NOVEMBER 2018, at which time such bids shall be opened and read for BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 $2,500,000 Engineer's Estimate • A " is Approved by Aael J. Sinacori ng City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: hftp://www.planetbids.com/portal/portal.cfm?CompanylD=22078 A MANDATORY PRE-BID MEETING will be held at the Crystal Cove Conference Room (Bay D 2nd Floor) at 100 Civic Center Drive, Newport Beach, CA 92660 on Wednesday, October 17, 2018, at 8:00 a.m. Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Alfred Castanon, Project Manager at (949) 644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/onIine-services/bids-rfps- vendor-registration City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONSTO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)....................................................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA..........................................................................7 INFORMATION REQUIRED OF BIDDER.......................................................................8 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT................................................................................................................... 22 LABOR AND MATERIALS PAYMENT BOND .............................................Exhibit A FAITHFUL PERFORMANCE BOND............................................................Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL...............................................................................................................PR-1 SPECIALPROVISIONS............................................................................................ SP -1 City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 INSTRUCTIONS TO BiDDERS The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) 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; Contractor shall confirm via PlanefBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 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. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. 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)]. 11. 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. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. 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. 14. Bidders are required to attend a MANDATORY PRE-BID MEETING that will be held at the Crystal Cove Conference Room (Bay D 2nd Floor) at 100 Civic Center Drive, Newport Beach, CA 92660 on Wednesday, October 17, 2018, at 8:00 a.m. Pacific Standard Time. The bidder's company officer and proposed superintendent are required to attend. FAILURE TO ATTEND THE PRE-BID MEETING WILL RESULT IN DISQUALIFICATION AND REJECTION OF THE BIDDER'S BID PROPOSAL. All contractors wishing to bid on this project shall be represented by its CEO/Owner who will be signing the contract documents, and Superintendent who will be managing the Project, at this mandatory meeting. 15. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied; A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has n review L 'Pres 1 d nlf Contractor's License No. & Classification Authorized Signature/Title-rimp-hy Kok:>er+�c IQDD17onr�m (o-31-0 DIR Reference Number & Expiration Date 7"' E . Pc)b C, rt S, IQ Bidder IL -7-L9 Date BOND #10-B PREMIUM: NIL City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 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% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 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 fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this IST day of NOVEMBER , 2018. T.E. ROBERTS, INC.l��L®� pr�5ldp�� Name of Contractor (Principal) uthorized Signature/Title-P N1hy (Lobes TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety Authorize Agent Signature 21688 GATEWAY CENTER DR. DIAMOND BAR, CA 91765 CHARLES L. FLAKE, ATTORNEY-IN-FACT Address of Surety Print Name and Title (909) 612-3675 Telephone (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT ................................................. ■ 0 ........... a ....... a ........ ■ ■ State of California County of ora.n4e } ss. On before me personally appeared Notary Public, I 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 KIM E. NEWETT�t COMM. #2228431 z w Notary Public • California o Z Orange County MX Comm. Expires Feb. 7, 2022 ........................................ a ....... 0 ■ ...................... 0 . a .... ■ ■ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT 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) 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 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .. ■ ■ ■ . ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ . ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ .. ■ ■ ■ . ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. see heclly CALIFORNIA ALL-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 On 11-1-18 Dale before me, Lexie Sherwood personally appeared Charles L. Flake Insert Name of Notary exactly as it appears on the official seal ) of Signer(s , 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), LEXIS SHERWOOD and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) COMM. # 2203287 acted, executed the instrument. NOTARY PUBLIC *CALIFORNIA ORANGE COUNTY Comm. Exp. JULY 27, 2021 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of ary Public exie erwood 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(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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: Travelers Casualty and Surety Company of America ASW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint CHARLES L FLAKE of Anaheim California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. .YG•y, t �Na�Arry JP�TY Ak0 5 I1AR7FO ,024. J� wCONN. C CWAM �t m � ✓� SCAL Y,yr. State of Connecticut By: City of Hartford ss. Robert L. Raney, SSe or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. G T� My Commission expires the 30th day of June, 2021 Marie C. Tetreault, Notary Public '19Y 01'F This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 1st day of November , 2018 .y��pllyC gJptTY gry�S 17�"� Y g V C9 RTFOR0. W HARTFORD,. C CONN. o i Y.sc Kevin E. Hughes, Assi tant Secretary ro verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT 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 S ecifications 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 subcontractors as listed in the Bidder's electronic bid 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. Bidder shall include current DIR Registration Numbers for each subcontractor listed. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach 1% 1. �- C wt, lEo Bidder Authorized Signature/Title-rtn--,OWUf R..nber+5 City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Qobe - -LS FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Numbery'ts5&3fe R2e-AU(A' na am b ons 01;V7. � Project Description 9b�lt� � 1t7+(1 �+n 11 �Q nF �r `�tr� IZP� i�tilA ' aboli's Approximate Construction Dates. From 3-'1- To, Agency Name City � Ana eIrn Contact Person Tim 'r -J itj± Telephone Original Contract Amount $ 2I'(,_OD,rinal Contract Amount $ 51Q_ . 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. 2 Project Name/Number �i,lSDli� Project Description 1f.1Ve�9-tr��ln}�n— (av { A�rr,�rvr-l- Approximate Construction Dates: From S- `- To: Agency Name _ 11CL V o fiira In 104ir�Q _ Contact Person Telephone x !SS- Spq% Original Contract Amount $,3a Final Contract Amount $ 3 t4 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 Pha-S e 2�r 1t9�f-i.ibu 41or1 i�rn�c �t /S� Project Description -tL'' d- p C A r�. rQ.t t vn Approximate Construction Dates: From To: V -13- t $ Agency Name r .m C+ Contact Person r4- �fn-uh q Telephone (qaq) '931- 7p5-0 Original Contract Amount $13�-�Final Contract Amount 1, 121.662-, If final amount is different from original, please explain (change orders, extra work, etc.) A, 1►y Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Noj Nv No. 4 Project Name/Number 3QjbuD/� {,janA 11�Qrlec Mello Rftlacemeilf, pha52 � �C'11'"l3-� Project Description 4ii?l)` N-IZ" PVC 1n1aw o -e at►d a-gpyj - jiaptes W rYh res bt- ttLyl Approximate Construction Dates: From i -' -1$ To: 13 j Agency Name C i+A t1- f`1 AKL r~4' GtGh Contact Person Nre As+Arlbt) Telephone (qq$ ( qlj- $3 1q Original Contract Amount $1,50i 'Final Contract Amount $ 1,1494.12'i. If final amount is different from original, please explain (change orders, extra work, etc.) C hanae OrA-e+- on ar�v w a;rag ah-h6s vctrl cdrnm bid 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, AD No. 5 Project Name/Number Alar ,!5L af)al j�y.hrr �bl� '�ira�smt Inn �I Jel�ne�RGP2,ol�- 11�� Project Description °I nDD` 12'` 'DIP and ar�nur��r� cis �i M -4-h ,Pt�raitz Approximate Construction Dates: From Z-01-13 To: S -1(x-1 $� Agency Name �{' n� AraA hif i n Contact Person V&14kd i n(.he2 Telephone (111 ) JU5;- -45-1-16 Original Contract Amount $-411,236Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) hy,p, n 0 der mn A a a a t Into U U a ed3l - s VA r -►e d iawh btal. 1vanfi ties Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. Project Name/Number C0.11f d?P� N br �W aRr MMA _ lLCeft- -a+' Project Description °1bD` i" PVC. 1nI Gl%x m_ Ato and armor i-matY.PS _ wT '1 rash Cal' w Approximate Construction Dates: From °1-1-1::L_ To: q,EJ-0 Agency Name CI q n� Anah?-tm Contact Person Kim 'fro n Telephone (TI4) 165' 40i�j Original Contract Amount7Anal Contract Amount $ IWL 45 -� 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. un ri0 Na Project Name/Number .V�r��i 1�a�1�� 4Ay� akta' iU oun 122qiat:mcflt' j f2.(�O Project Description t{ $$4` V PVC DI M11042, and apaw-iP.nG(. ces Approximate Construction Dates: From ?1-'1 -13 To: Agency Name Cjty oP W ht+k1 .- Contact Person 6 u.l VI pyre Telephone (Z4 5(o-1' -qSZT Original Contract Amount $!dFinal Contract Amount $ 1j C01 T99 S., If final amount is different from original, please explain (change orders, extra work, etc.) khdl-"m hid a vamt ues 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. wn) Nd Project Name/Number C ! 2 Project Description valve- 30i,2u'4-enA nta s Approximate Construction Dates: From - 17 To: Agency Name C_!+4D1 - Contact Person "t"r"zt n,A LeP Telephone (L2) 21 Original Contract Amount $151�'Finai Contract Amount $_? 1J41. U Lp.. 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. `'1 Project Name/Number__FC-A RP(V(-�l Aker �IStYIbu-hbY1 i3 rK u l2t�t9jlty-Di� { Project Description 3 ' 16" PVC Approximate Construction Dates: From _ 3-13--17 To: 5-27-1'7 Agency Name �I,t ivth C nas+- wat - Contact Person Telephone (li" LAgq ySS'S x 31-7g Original Contract Amount $ Z.$(�F3?nal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Mau,, Ord{ 6 anA. a " o -,l- Lam bid a 1nu* fhes 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.1 Project Name/Number S(? Project: Description v ., rest�ru-hc Approximate Construction Dates: From Z -3-1'7 To: 1 Agency Name Contact Person Telephone S- L4120 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. I No. Project Name/Number l gli4ievsS _ p jal„+ 6g�fq 68; Project Description Y� � Approximate Construction Dates: From 1-01-17 To: Lj-3--1:7 Agency Name 161alex, Contact Person _ 'MM & 1 Telephone Original Contract Amount $j 1Fina1 Contract Amount $ i1 SF�'y If final amount is different from original, please explain (change orders, extra work, etc.) S Did you file any claims against the Agency? Did the Agency file any claims against You/Contractor? If yes, briefly explain and indicate outcome of claims. No. ---a"G�t1 I'%-p2� bb.� Project Name/Number .r W, t&eS Id,C4r}(1-P A TI� Project Description 7PAd A 11oytb imrf f_-A�� J °AC, Zia-ker sle�(iCf� 10-Wh Approximate Construction Dates: From U -101 -Up To: Agency Name LnIS+ til e3ly + Contact Person b Jt A y A114 Telephone Original Contract Amount $Y%LL* S•'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. t o f4y No._15 Project Name/Number�J� Project Description _FLry-U VP An A ML:J en aVIA Jh '1sn'1% :` Approximate Construction Dates: From 113-31ALa To: Agency Name �±tlp Sin u Contact Person _ N_n& Pm&nA4 _Telephone (323 510 ?r s110q Original Contract Amount $_%S. -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. LL 4 Project Name/Number V-lA eb nk�,a.e-l- lz ,,,ed iN a _},, Project Description 1!41 n'kgi` l Re-. W�..� n ,�� -,�n QA i Y✓r�,, Approximate Construction Dates: From 40 To: Agency Name Sa Contact Person _ MfJA4t Yur.r lei Telephone (G24. 114 $:11 g._ Original Contract Amount $4 Yi�Final Contract -Amount $ 2 S 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. ki No. 5 Project Narne/Number q jlrylrl+'S ph a n& 2, f - 1:� I _O y Project Description 1 130 ` " + 1Lt r�aeS Approximate Construction Dates: FromTo:- Agency Name Contact Person K a+i o- -Telephone ( qD0 3 q Sy. �f Original Contract Amount $14.�,Flnal Contract Amount $ 2 2 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Didthe Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No , 1J (� Nc-- Project Name/Number K&kIIQ f n expld-Aer Win Project Description 3, 12 1L" 11 PSC—.12Q-nr JY rV.nfJ'-S.:NA ;J -h- rie:5+0rct,• 1c j Approximate Construction Dates: From -7-12--1 To �rr�sS Agency Name CA -'U b G d hLI 13� Contact Person Kg rinra W1 ". Telephone (310. -32-q-0102,-- Original 2R-01O2Original Contract Amount $1.1%$1'Final Contract Amount $ If final amount is different from original; -piease-explain�(change orders,, extra wdrk etc:) Did you file any claims against the Agency? Did the'Agency,fiile any claims against you/Contractor? If yes,- briefly explairfand indicate outcome of claims. No, N No, l Project Name/Number La. fin trrti Az2+1n v1 D1:rhrtbu-h Ua lmornuem-eMs /40 15!S? Project Description -1, 41�` Zt}" I'YG, 3,2D2, t$" p�l�,'�, ' IZ" PV h. j4 mppw+enanots : And resfo"L+ich Approximate Construction Dates: From To. Agency Ram- e1111��I,�TiISTi,�Utl#e'JT��i1��wrL'sr)��f��r Contact Perso n grux) KbrCA2L Telephone (10) -3T9 Original Contract Amount $S J'IV 0 "Final Contract Amount $ 'T3 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 calms.. No. Project Name/Number 4Whr+h 5Jye_e f W alar- Va to Project Description 2,1_4j01 12'i pip �_ qnn' V' Q lP a n A Otpyrnh aes Approximate Construction Dates. From l3,,2a_) To: TR b ^_ Agency Name Contact Person TelephoneX77 Original Contract Amount $-UU,g40 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) N Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. T..F Bidder Authorized Signature/Title Timof-hy G 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. M 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 N 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 [% 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 ® 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 a_ ag inst your firm concerning your firm's work on a construction project been filed in court or arbmtratioa? ❑Yes YV 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.) 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 [K 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). 7. 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 ® 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. 0 Yes ® No !f "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 anytime 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 N No If "yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). iifri0+-hI ,-Ove- 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? M Yes ❑ No T. F . XpbtsytS, In(- -_ a Bidder Authorized Sig aturef- itle jjmwiy 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 (71 a I -t ftnO T !..nrk��. 1nG. Bidder Authorized ignature/Tiflejjsober¢`, 2 Principal in Charge TIMOTHY ROBERTS General Engineering Contractor License A, #603008 RESUME Over thirty-five years experience in the pipeline construction industry, performing construction management and general contractor roles. Experienced in construction, renovation, and cost estimating within commercial and residential environments. Recognized for well-developed project management skills and scheduled operational tasks that enable project completion on time and under budget. Consistently deliver quality and excellence in workmanship. Excellent safety record. SKILLS Project Management Cost Estimation Safety Emphasis Client Focus Communication Materials Expertise Tools and Techniques On-time Completion Customer Satisfaction EXPERIENCE T. E. ROBERTS, INC., Orange County, CA 1999 -Present CEO and President Chief Executive Officer and founder of successful pipeline contracting corporation. Experienced in negotiating terms for new construction projects in both private and publicly funded sectors. Manage completion of residential and commercial construction projects in a timely and professional manner. Supervise crews of skilled heavy equipment operators and general laborer personnel. Secure all required permits and contracts necessary to complete the job in accordance with government regulations. Maintain strict safety standards and procedures. Consult with clients on progress and issues. Select bid lists include: San Gabriel Valley Water Company, Fontana Water Company, Suburban Water Systems, Golden State Water, KB Homes, Rose Hills Mortuary and Cemetery, Bellevue Memorial Park and the International Buddhist Progress Society. Client referrals available upon request. Specializing in water, sewer and storm drains of all sizes • Manage value engineering process with client to ensure modifications to project specifications continue to meet project goals and client expectations • Received numerous accolades from clients for superior workmanship • OSHA Certified Competent Person • Certified in Trench and Equipment Safety, First Aid and Confined Spaces T.A. RIVARD, INC., Riverside, CA 1983-1999 Superintendent, Foreman, Equipment Operator Began as an Equipment Operator and advanced to Foreman and Superintendent overseeing pipeline projects throughout Southern California. EXCELLENT QUALITY - RELIABLE - SERVICE ORIENTED Superintendent JUSTIN ROBERTS RESUME Fourteen years experience in the pipeline construction industry, managing and performing a full spectrum of general and specific pipeline labor duties. SKILLS Heavy Equipment Operator Skilled in the use of pipeline construction equipment and tools Effectively applies methodology and enforces project standards Strong communication and organizational skills Qualified and experienced in supervising work crews up to 10 persons Efficiently and effectively complete projects with quality results Participant in the Motor Carrier Employer Pull Notice Program EXPERIENCE T. E. ROBERTS, INC., ORANGE, CA 2004 - Superintendent Present Manage completion of residential and commercial construction projects in a timely and professional manner. Supervise crews of skilled heavy equipment Operators and general labor personnel. Maintain strict safety standards and procedures. TRAINING Confined Space Entry Certificate, 11-11-16 Asbestos Pipe, Heat Illness, Accident Investigation, Slips/Trips and Falls, Hotwork, Lock out/Tag out, Global Harmonized System, 4-9-16 First Aid Certificate, 7-11-14 Excavation Safety & Competent Person Certificate, 10-8-18 California Class A Driver's License since 2-18-09 T.E. ROBERTS, INC. FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION Year Ended March 31, 2018 FRIEDMAN & CO. CERTIFIED PUBLIC ACCOUNTANTS CONTENTS ACCOUNTANT'S REPORT FINANCIAL STATEMENTS BALANCE SHEET 1 - 2 STATEMENT OF INCOME AND RETAINED EARNINGS 3 STATEMENT OF CASH FLOWS 4 NOTES TO FINANCIAL STATEMENTS 5-11 SUPPLEMENTAL INFORMATION SCHEDULE OF CONTRACT COSTS 12 SCHEDULE OF UNALLOCATED CONTRACT COSTS 13 SCHEDULE OF ADMINISTRATIVE EXPENSES 14 SCHEDULE OF PERCENTAGE OF COMPLETION 15-17 SCHEDULE OF CONTRACTS IN PROGRESS 18-21 SCHEDULE OF COMPLETED CONTRACTS 22-23 SCHEDULE OF ACCOUNTS RECEIVABLE 24 SCHEDULE OF ACCOUNTS PAYABLE 25-27 �!'.1 U 1?,;rr.1-1c ,� 'L'.. •. ';tt 'r;tl. Ir, in;.,. 1. �� ') �(:�.-, INDEPENDENT ACCOUNTANT'S REVIEW REPORT To the Management T.E. Roberts, Inc. Orange, California We have reviewed the accompanying financial statements of T.E. Roberts, Inc. (a C corporation), which comprise the balance sheet as of March 31, 2018, and the related statements of income and retained earnings and cash flows for the year then ended, and the related notes to the financial statements. A review includes primarily applying analytical procedures to management's financial data and making inquiries of Company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the financial statements that are free from material misstatement whether due to fraud or error. Accountant's Responsibility Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion. Accountant's Conclusion Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. Friedman & Co., Certified Public Accountants Irvine, CA July 17, 2018 SL' i 1...•r. Ar , i;�.0 In 111. n, : t r --:.vl h11,11, '\,; ;1'11 if — u i_ ( II,I ..iii . " i . d t Ii�.,•,I 1"ddi, ,i ,u? T.E. ROBERTS, INC. BALANCE SHEET as of March 31, 2018 ASSETS Current Assets Cash $ 195,847.53 Accounts Receivable 3,904,840.49 Cost & Profit in Excess of Billings 555,554.00 Advances to Employees 15,000.00 Prepaid Income Taxes - Federal 1,464.00 Prepaid Income Taxes - State 1,465.00 Total Current Assets Property and Equipment Equipment 3,847,285.00 Vehicles 2,774,489.00 Furniture & Equipment 50,488.00 Computer 31,430.00 Leasehold Improvements 531,798.00 Accumulated Depreciation (3,408,259.00) Total Property and Equipment Total Assets See accompanying notes and independent accountant's review report. $ 4,674,171.02 3,827,231.00 $ 8,501,402.02 T.E. ROBERTS, INC. BALANCE SHEET as of March 31, 2018 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities Accounts Payable $ 1,584,397.39 Credit Cards Payable 320,241.80 Billings in Excess of Cost & Profit 896,700.00 Work. Comp. Ins. Payable 105,804.12 State Compliance 38,327.86 Payroll Taxes Payable 25,237.10 Current Portion - Long Term Debt 415,600.00 Total Current Liabilities Long Term Liabilities N/P - Long Term Liabilities 1,103,998.82 Loan - Officer 700,134.05 Deferred Taxes 683,228.00 Less: Current Portion (415,600.00) Total Long Term Liabilities Total Liabilities Stockholders' Equity Common Stock, $1.00 par value; authorized 10,000 shares; issued and outstanding 10,000 10,000.00 Capital Contribution 13,115.60 Retained Earnings 2,391,975.61 Net Income - Y -T -D 628,241.67 Total Stockholders' Equity Total Liabilities & Stockholders' Equity See accompanying notes and independent accountant's review report. $ 3,386,308.27 2,071,760.87 5,458,069.14 3,043,332.88 $ 8,501,402.02 T.E. ROBERTS, INC. STATEMENT OF INCOME AND RETAINED EARNINGS for the period ending March 31, 2018 Year Y -T -D to Date % Contract Revenues $ 22,170,885.37 100.0 Contract Costs 16,039,605.91 72.3 Unallocated Contract and Estimating Costs 3,032,202.90 13.7 Gross Profit 3,099,076.56 14.0 Adminstrative Expenses 2,317,934.89 10.5 Income from Operations 781,141.67 3.5 Income before taxes 781,141.67 3.5 Provision for Income Tax 152,900.00 0.7 Net Income 628,241.67 2.8 Retained Earnings, beginning 2,186,017.61 0.0 Prior Period Adjustment (see Note 7) 205,958.00 0.0 Retained Earnings, ending $ 3,020,217.28 0.0 See accompanying notes and independent accountant's review report. 3 T.E. ROBERTS, INC. STATEMENT OF CASH FLOWS for the period ending March 31, 2018 Cash flows from operating activities: Net income/(loss) for the period Adjustments to reconcile net income to net cash provided/(used) by operating activities. Accounts receivable Costs and profits in excess of billings Depreciation Other current assets Deferred taxes Accounts payable Billings in excess of costs and profits Current liabilities Cash provided/(used) by operations Purchases of fixed assets Cash provided/(used) by investing activities Cash flows from financing activities Long-term debt Capital Cash provided/(used) by financing activities Net increase/(decrease) in cash Cash at the beginning of period Cash at end of period Supplemental Disclosures Interest Paid Taxes Paid Year to Date $ 628,241.67 (1,176, 906.99) 215,446.00 905,600.00 50,708.25 (105,729.00) 189,378.15 (265, 096.00) 191, 985.30 633,627.38 (1,786,362.00) (1,786, 362.00) 641,424.73 205.958.00 847,382.73 (305, 351.89) 501.199.42 $ 195,847.53 15,258.19 45,913.00 See accompanying notes and independent accountant's review report. 4 T.E. ROBERTS, INC. NOTES TO THE FINANCIAL STATEMENTS March 31, 2018 Note 1 - Summary of Significant Accounting Policies This summary of significant accounting policies of T.E. Roberts, Inc. (The Company) is presented to assist in understanding the Company's financial statements. The financial statements and notes are representations of the Company's management who is responsible for the integrity and objectivity of the financial statements. These accounting policies conform to generally accepted accounting principles and have been consistently applied in the presentation of the financial statements. Nature of Operations T.E. Roberts, Inc., (the Company) is a Orange, California, general engineering contracting firm specializing in the installation/construction of water, sewer and storm drain projects. The construction is performed under fixed priced contracts generally lasting several months. Method for Accounting for Long Term Construction Contracts The accompanying financial statements have been prepared using the percentage -of - completion method of accounting and, therefore, take into account the cost, estimated earnings, and revenue to date on fixed -fee and unit -price contracts not yet completed. The amount of revenue recognized at the statement date is the portion of the total contract price that the cost expended to date bears to the anticipated final cost, based on current estimates of cost to complete. It is not related to the progress billings to customers. Contract costs included all direct labor and benefits, materials unique to or installed in the project, subcontract costs, and allocations of indirect construction costs. Because long-term contracts extend over one or more years, changes in job performance, changes in job conditions, and revisions in estimates of cost and earnings during the course of the work are reflected in the accounting period in which the facts that require the revision become known. Claims for additional contract revenue are recognized when realization of the claim is assured and the amount can reasonably be determined. During the normal course of its business, the Company provides services to customers on account. Such activities are entered into only with persons considered by management to have a good credit rating and, therefore, the Company does not require collateral for these transactions. Any accounting loss or cash requirement relating to sales on account would be limited to the amounts disclosed on the balance sheet and in the accompanying notes. At the time a loss on a contract becomes known, the entire amount of the estimated loss is recognized in the financial statements. T.E. ROBERTS, INC. NOTES TO THE FINANCIAL STATEMENTS March 31, 2018 Contracts that are substantially complete are considered closed for financial statement purposes. Revenue earned on contracts in progress in excess of billings (underbillings) is classified as a current asset. Amounts billed in excess of revenue earned (overbillings) are classified as current liabilities. Because of the unique nature of percentage of completion accounting, management feels an allowance for doubtful accounts is not necessary. Any doubtful receivable is adjusted on the percentage of completion schedule through contract price on a direct write-off method. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Property and equipment Additions, including major renewals and betterments, are capitalized in the accounts at cost. Ordinary maintenance and repairs are charged to expense as incurred. Upon sale or disposition, the cost and accumulated depreciation are removed from the accounts and any resulting gain or loss is recognized. The cost of all vehicles and equipment is depreciated using straight-line and declining balance methods over estimated useful lives of three to seven years. Income Taxes Income taxes are provided for the tax effects of transactions reported in the financial statements and consist of taxes currently due plus deferred taxes related primarily to differences between the basis of certain assets and liabilities for financial and tax reporting purposes. The deferred taxes represent the future tax return consequences of those differences. The provision for income taxes consists of the following: 2017 2018 Current Taxes $62,167 $52,671 Deferred Taxes 175,133 100,229 $237,300 6 T.E. ROBERTS, INC. NOTES TO THE FINANCIAL STATEMENTS March 31, 2018 Compensated Absences The Company does not accrue for compensated absences of employees. Salaries paid to employees on vacation are expensed as incurred. Any accrued absences, which may be owing at the balance sheet dated, are immaterial. Advertisinq The company expenses all advertising as incurred. Note 2 - Cash in Bank For purposes of the statement of cash flows, the Company considers all short-term debt securities purchased with a maturity of three months or less to be cash equivalents. Note 3 - Accounts Receivable Accounts Receivable consist of the following: Aged receivables Current 2,447,583 1 — 30 Days 482,027 31 — 60 Days 7,412 61 — 90 Days 201,201 Over 90 Days 161,947 Retention 604.670 Total Receivables 3.904.840 The Company follows the practice of filing statutory liens on all construction projects. The liens serve as collateral for contract receivables. Note 4 - Leases The Company leases a building on a year-to-year basis at $1,788 per month. The Company's obligations under capital leases are not material, but if deemed material are included in assets and liabilities. T.E. ROBERTS, INC. NOTES TO THE FINANCIAL STATEMENTS March 31, 2018 Note 5 — Long Term Debt Long Tenn Debt consists of: 5.479% note payable, secured by vehicle, with principal and accrued interest payable at $805.98 per month through December 4, 2022 39,747 0% note payable, secured by vehicle, with principal payable at $892.80 per month through October 31, 2018 6,250 5.072% note payable, secured by vehicle, with principal and accrued interest payable at $1,383.76 per month through March 16, 2020 30,268 4.573% note payable, secured by vehicle, with principal and accrued interest payable at $1,191.25 per month through October 20, 2020 25,093 0% note payable, secured by vehicle, with principal payable at $2,849.72 per month through July 29, 2018 11,399 3.640% note payable, secured by vehicle, with principal and accrued interest payable at $793.87 per month through November 17, 2020 23,454 0% note payable, secured by vehicle, with principal payable at $883.34 per month through April 29, 2020 22,083 5.038% note payable, secured by vehicle, with principal and accrued interest payable at $1,528.16 per month through March 16, 2022 65,260 s T.E. ROBERTS, INC. NOTES TO THE FINANCIAL STATEMENTS March 31, 2018 4.897% note payable, secured by vehicle, with principal and accrued interest payable at $857.17 per month through November 29, 2021 0% note payable, secured by vehicle, with principal payable at $1,864.17 per month through September 12, 2020 0% note payable, secured by vehicle, with principal payable at $762.68 per month through September 14, 2022 4.993% note payable, secured by vehicle, with principal and accrued interest payable at $1,180.20 per month through July 14, 2022 0% note payable, secured by vehicle, with principal payable at $3,966.49 per month through September 14, 2022 0% note payable, secured by vehicle, with principal payable at $9,083.13 per month through October 17, 2020 0% note payable, secured by vehicle, with principal payable at $4,645.17 per month through September 27, 2020 0% note payable, secured by vehicle, with principal payable at $5,204.12 per month through November 30, 2020 Loan to officer, unspecified terms Less current portion 34,454 54,061 40,422 54,132 118,995 272,494 139,355 166,532 700,134 (415,600) Long term portion 388 T.E. ROBERTS, INC. NOTES TO THE FINANCIAL STATEMENTS March 31, 2018 Principal maturities subsequent to March 31, are as follows: Period Ended March 31 2020 398,380 2021 220,807 2022 55,253 2023 13,959 Thereafter 700.134 Total Note 6 — Related Party Transactions The company rents an equipment storage yard from an LLC owned by the shareholders. The rent is at fair value equal to the monthly mortgage payment of the property. Note 7 — Prior Period Adjustment The Tax Cuts and Jobs Act of 2017 changed the federal corporate tax rate. The Company's deferred tax liability was recalculated to reflect that change and as a result a $205,958 adjustment was made to beginning Retained Earnings. Note 8 — Date of Management's Review Management has evaluated subsequent events through July 17, 2018, the date on which the financial statements were available to be issued. 10 T.E. ROBERTS, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2018 Note 9 - Contracts in Progress Contract amounts, accumulated costs, estimated earnings, and the related billings to date on completed contracts and contracts in progress for the year ended March 31, 2018 are as follows: Total construction activity Contracts completed during the year Contracts in progress at March 31, 2018 Contract Contract Contract Amounts Revenues Costs 50,937,739 22,170,885 16,039,606 Gross Profit 6,131,279 19,548,355 11,038,453 7,353,563 3,684,891 31,389,384 11,132,432 8,686,043 2,446,389 Cumulative revenue earned through March 31, 2018 Less progress billings to date Included in accompanying balance sheet under the following captions: Costs and profits in excess of billings to date Billings in excess of costs and profits to date See independent accountant's review report. 34, 381,113 34,722,259 341,146 555,554 896,700 341,146 11 SUPPLEMENTAL INFORMATION Contract Cost Subcontracts Material Bond Expense Training Fund Dump Fees Equipment Fuel Permit Fees Supplies Tools Equipment Supervision Wages Labor Payroll Taxes Workman's Compensation Liability Insurance Total Contract Costs T.E. ROBERTS, INC. CONTRACT COSTS for the period ending March 31, 2018 See independent accountant's review report. Year Y -T -D to Date % 2,887,013.41 13.3 5,393,233.91 24.9 180,372.00 0.8 644.76 0.0 219,512.40 1.0 469,913.97 2.2 20,081.83 0.1 37,661.22 0.2 17,597.49 0.1 366,904.40 1.7 164,893.01 0.8 5,435,762.60 25.1 361,794.18 1.7 479,220.73 2.2 5,000.00 0.0 $ 16,039,605.91 74.0 12 T.E. ROBERTS, INC. UNALLOCATED CONTRACT/ESTIMATING COSTS for the period ending March 31, 2018 See independent accountant's review report. 13 Year Y -T -D to Date % Unallocated Contract/Estimating Costs Indirect - Material 265,650.73 1.2 Indirect - Equipment 357,137.88 1.6 Indirect - Truck/Equip. Depreciation 905,600.00 4.1 Indirect - Overhead 636,328.25 2.9 Indirect - Labor 183,135.51 0.8 Indirect - Work Comp Ins. 23,613.70 0.1 Indirect - Liability Insurance 236,982.18 1.1 Indirect - Yard Rental 201,250.00 0.9 Indirect - Insurance 43,501.30 0.2 Indirect - Other Tax & License 103,247.07 0.5 Estimating - Payroll 69,230.03 0.3 Estimating/Bidding - Expenses 6,526.25 0.0 Total Unallocated Contract/Estimating Costs $ 3,032,202.90 13.7 See independent accountant's review report. 13 T.E. ROBERTS, INC. ADMINISTRATIVE EXPENSES for the period ending March 31, 2018 See independent accountant's review report. 14 Year Y -T -D to Date % Administrative Expenses Accounting Services 28,481.00 0.1 Advertising 16,468.65 0.1 Auto Expense 111,058.97 0.5 Bank Charges 3,937.60 0.0 Charitable Contributions 10,948.00 0.0 Computer Supplies/Misc. 22,224.67 0.1 Consulting Fees 24,454.94 0.1 Continued Ed./Seminars 3,019.74 0.0 Customer Relations 129,675.18 0.6 Dues & Subscriptions 20,942.03 0.1 Employee Relations 33,350.11 0.2 Insurance - Health 117,535.17 0.5 Interest 15,258.19 0.1 Janitorial 4,740.00 0.0 Legal and Professional 9,937.27 0.0 Meals & Entertainment 34,054.64 0.2 Office Expense 62,658.21 0.3 Office Salaries 447,271.81 2.0 Officer Salary 770,653.76 3.5 Payroll Taxes 92,152.13 0.4 Work. Comp. Ins. 11,580.79 0.1 Postage & Freight 3,290.08 0.0 Public Storage 500.00 0.0 Rent 178,466.94 0.8 Repairs & Maintenance 51,446.45 0.2 Telephone 27,213.91 0.1 Travel 66,095.47 0.3 Utilities 20,519.18 0.1 Total Administrative Expenses $ 2,317,934.89 10.5 See independent accountant's review report. 14 o o $1 n g o o^ o o O O O O 0 00 0 p. 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SCHEDULE OF ACCOUNTS RECEIVABLE as of March 31, 2018 Job Description Retention Current 0-30 31-60 61-90 91+ Total 5719 Anaheim Alderdale 87,270.22 64,924.62 64,924.62 0.00 0.00 0.01 152,194.85 5724 Anaheim - Katella WMR 88,964.66 506,939.66 110,272.92 0.00 0.00 0.00 706,177.24 5776 Anaheim PR Stn #4 & #6 6,789.75 129,005.25 0.00 0.00 0.00 0.00 135,795.00 5733 Fountain Valley Els WM Siphon 0.00 0.00 0.00 0.00 2,995.00 8,280.00 11,275.00 5122 Glendora On Call 0.00 0.00 170,177.00 0.00 0.00 0.00 170,177.00 5767 NB Balboa Island WMR 72,466.37 615,469.33 0.00 0.00 0.00 0.00 687,935.70 5588 Ontario On Call 0.00 46,593.11 21,513.12 0.00 0.00 (7,840.04) 60,266.19 5765 Rose Hills Emeral Hts 0.00 29,335.00 25,041.75 7,411.82 893.98 0.00 62,682.55 5793 CCSI RH Emerald Hts Ph 1 13,768.05 123,912.45 0.00 0.00 0.00 0.00 137,680.50 5616 GSW Cypress 32631204 11,032.32 0.00 0.00 0.00 0.00 0.00 11,032.32 5694 GSW Gladys 33331151 46,968.19 25,188.29 0.00 0.00 0.00 0.00 72,156.48 5728 GSW New Ave. WMR 52,890.00 0.00 0.00 0.00 0.00 0.00 52,890.00 5764 GSW 25031475 Gardena Blvd 80,333.35 63,876.15 0.00 0.00 0.00 0.00 144,209.50 5752 MNWD 920 Zone Loop Pipeline 0.00 0.00 0.00 0.00 7,289.41 0.00 7,289.41 5260 RH Parks Maintenance Project 0.00 4,800.03 6,851.00 0.00 4,442.66 45,705.66 61,799.35 5749 RH Paving 0.00 0.00 0.00 0.00 92,361.87 0.00 92,361.87 5755 Rose Hills Visitation Ctr Pvg 0.00 0.00 0.00 0.00 0.00 56,027.50 56,027.50 5043 SGVWC 7708L Wrkmn Mill Rd 0.00 0.00 0.00 0.00 0.00 7,538.22 7,538.22 5584 SGVWC 5944F Rennaissance 0.00 0.00 0.00 0.00 93,218.00 0.00 93,218.00 5721 SGVWC Emergency Repairs 0.00 0.00 14,180.34 0.00 0.00 762.09 14,942.43 5742 SGVWC 6145F Citrus 0.00 20,523.00 0.00 0.00 0.00 0.00 20,523.00 5759 SGVWC 6192F Merrill/Redwood 2,500.00 0.00 0.00 0.00 0.00 0.00 2,500.00 5770 SGVWC 8960L Workman Mill Rd 18,100.00 57,091.00 0.00 0.00 0.00 0.00 75,191.00 5781 SGVWC 629OF Service Replacerr 0.00 0.00 55,036.97 0.00 0.00 0.00 55,036.97 5788 SGVWC 6188F Rennaissance 0.00 1,155.00 0.00 0.00 0.00 0.00 1,155.00 5772 SCI Green Acres Lakeview 10 4,050.20 0.00 76,953.80 0.00 0.00 0.00 81,004.00 5674 SCWD Lift Stn. No. 1 0.00 0.00 0.00 0.00 0.00 8,495.00 8,495.00 5725 SCWD On Call 2017 0.00 35,100.00 0.00 0.00 0.00 0.00 35,100.00 5611 WVWD ACE Fairway Dr. 50,334.73 98,774.35 0.00 0.00 0.00 51.24 149,160.32 5785 RCI RH Valley Lawn Ph 2 24,774.10 222,966.90 0.00 0.00 0.00 0.00 247,741.00 5760 ETWD-Ph 2 Recycled Water Distr 41,432.50 285,551.00 0.00 0.00 0.00 0.00 326,983.50 5744 Whittier DeSilt 0.00 0.00 0.00 0.00 0.00 29,782.50 29,782.50 5757 Whittier On Call 0.00 0.00 0.00 0.00 0.00 13,144.90 13,144.90 5745 Pacific Hydrotech Mid Basin 2,996.18 1,438.01 0.00 0.00 0.00 0.00 4,434.19 5771 Riverside Magnolia Potholing 0.00 114,940.00 0.00 0.00 0.00 0.00 114,940.00 5783 Dudek Newport Bay Crossings 0.00 0.00 2,000.00 0.00 0.00 0.00 2,000.00 Total: 604,670.62 2,447,583.15 482,026.90 7,411.82 201,200.92 161,947.08 3,904,840.49 See independent accountants review report. 24 T.E ROBERTS, INC. SCHEDULE OF ACCOUNTS PAYABLE as of March 31, 2018 See independent accountant's review report. 25 Vendor Current 1-30 31-60 61+ Total 5007 A Cone Zone, Inc. 5,491.99 1,264.80 0.00 0.00 6,756.79 5023 Adkan Engineers 1,662.50 1,870.00 1,350.00 0.00 4,882.50 5033 Agua Mansa Properties, Inc 1,580.00 0.00 0.00 0.00 1,580.00 5050 All American Asphalt 11,384.30 10,849.92 0.00 0.00 22,234.22 5112 BC Traffic Specialist 5,020.71 0.00 0.00 0.00 5,020.71 5138 Cal -Duct Inc. 175.10 0.00 0.00 0.00 175.10 5140 California Apprenticeship Council 895.05 0.00 0.00 0.00 895.05 5150 Calportland 187.39 0.00 0.00 0.00 187.39 5206 City Of Newport Beach (776.68) 0.00 0.00 0.00 (776.68) 5210 City Of Orange 35.01 0.00 0.00 0.00 35.01 5233 Coastline Equipment 3,037.07 0.00 0.00 0.00 3,037.07 5236 Collins Trucking 61,783.70 48,056.25 25,621.50 0.00 135,461.45 5246 Contractors Retirement Plan 119,897.41 0.00 0.00 0.00 119,897.41 5255 County Of San Bernardino 20,227.67 0.00 0.00 0.00 20,227.67 5259 Culbertson Insurance Services, Inc. 11,651.00 0.00 0.00 0.00 11,651.00 5281 SC Fuels 16,971.42 0.00 0.00 0.00 16,971.42 5342 Ewing 803.66 0.00 0.00 0.00 803.66 5352 Ferguson Enterprises Inc. #1083 55,998.87 39,202.66 (831.86) 0.00 94,369.67 5361 Fontana Water Co. 17.09 0.00 0.00 0.00 17.09 5378 Franchise Tax Board 1,600.00 0.00 0.00 0.00 1,600.00 5386 Friedman And Company 2,000.00 0.00 0.00 0.00 2,000.00 5396 GeoLabs 3,042.00 0.00 0.00 0.00 3,042.00 5404 Golden State Water Co 374.82 374.82 0.00 0.00 749.64 5416 R and I Holdings, Inc. 4,924.90 0.00 0.00 0.00 4,924.90 5444 Holliday Rock 12,428.09 0.00 0.00 0.00 12,428.09 5514 John Green Trucking 46,001.83 9,275.11 0.00 0.00 55,276.94 5563 County Sanitation Districts of LA C 0.00 0.00 0.00 (120.00) (120.00) 5597 M.P.G. Trucking 1,230.00 1,968.00 0.00 0.00 3,198.00 5605 Marco Transport, Inc. 1,442.50 2,512.50 0.00 0.00 3,955.00 5653 Morr-Is Tested Inc. 1,175.00 0.00 0.00 0.00 1,175.00 5692 On Point Land Surveying, Inc 2,400.00 0.00 0.00 0.00 2,400.00 5693 Ontario Municipal Utilities Company 40.00 0.00 0.00 (863.17) (823.17) 5702 Orange County Striping 5,813.25 2,077.10 0.00 0.00 7,890.35 5737 Penhall Company 12,065.00 0.00 0.00 0.00 12,065.00 5769 R.J. Noble Company 21,559.51 11,213.77 0.00 0.00 32,773.28 5780 RDO Equipment Co 1,130.49 1,083.33 3.62 0.00 2,217.44 5810 Robertson's Ready Mix 14,394.78 0.00 0.00 0.00 14,394.78 5819 S&J Supply Co., Inc 209.51 0.00 0.00 0.00 209.51 5858 So Cal Truck Tire Center, Inc. 4,067.15 1,550.25 0.00 0.00 5,617.40 5869 Southern California Edison 907.04 0.00 0.00 0.00 907.04 5870 Southern California Gas Company _ 0.00 699.92 0.00 0.00 699.92 5905 Structures Unlimited 9,205.60 0.00 0.00 0.00 9,205.60 5939 Time Warner Cable 54.99 0.00 0.00 0.00 54.99 5946 Torrent Resources (Ca), Inc. 116,200.00 0.00 0.00 0.00 116,200.00 5950 Traffic Solutions 10,560.06 0.00 0.00 0.00 10,560.06 See independent accountant's review report. 25 T.E ROBERTS, INC. SCHEDULE OF ACCOUNTS PAYABLE as of March 31, 2018 5952 Trench Plate Rental Co. 8,064.69 1,027.20 930.50 0.00 10,022.39 5953 Trench Shoring Company 270.00 274.38 0.00 0.00 544.38 5966 United Rentals 0.00 519.38 0.00 0.00 519.38 5967 United Site Services 0.00 1,028.00 0.00 0.00 1,028.00 5993 Vulcan Materials 0.00 2,194.17 0.00 0.00 30,162.15 6000 Waste Management Co. 921.62 0.00 0.00 0.00 921.62 6008 United Water Works, Inc. 159,424.09 232.14 (6,487.83) 24,058.39 177,226.79 6013 West Coast Pipe 239,412.97 754.25 29,312.82 0.00 269,480.04 6020 Western Water Works 125,477.63 49,080.33 0.00 0.00 174,557.96 6055 Quick Solution Networks, Inc. 0.00 1,860.23 0.00 0.00 1,860.23 6058 Greg Dunn 50.00 0.00 0.00 0.00 50.00 6070 Keystone Pac. Property Management 622.02 0.00 0.00 0.00 622.02 6103 Employment Development Dept 0.00 357.08 0.00 0.00 357.08 6112 Matheson Tri -Gas Inc. 1,227.28 0.00 0.00 0.00 1,227.28 6124 Ford Credit -9948 1,191.25 0.00 0.00 0.00 1,191.25 6127 Hose -Man, Inc. 1,890.47 0.00 0.00 0.00 1,890.47 6139 Ford Credit -1343 1,383.76 0.00 0.00 0.00 1,383.76 6150 Ewles Materials 18,711.76 0.00 0.00 0.00 18,711.76 6154 Occupational Health Centers of CA 0.00 621.00 0.00 0.00 621.00 6161 LMN Inc. 4,660.00 2,440.00 0.00 0.00 7,100.00 6182 Quinn Company 854.75 0.00 1,648.87 0.00 2,503.62 6197 LGM Paving 3,570.75 0.00 2,020.00 0.00 5,590.75 6206 Villa Park Leasing Corp. 0.00 2,045.25 0.00 0.00 2,045.25 6215 Southeast Construction Products 388.86 260.64 0.00 0.00 649.50 6216 Proforma Screening Solutions 270.25 0.00 0.00 0.00 270.25 6217 AGC Apprenticeship & Training Fund 0.00 5,227.76 0.00 0.00 5,227.76 6226 AGC Health & Welfare Trust Fund 5,571.40 0.00 0.00 0.00 5,571.40 6236 TD Auto Finance 793.87 0.00 0.00 0.00 793.87 6244 Anytime Sweeping Services 1,885.00 0.00 0.00 0.00 1,885.00 6245 AGC of California 0.00 268.89 0.00 0.00 268.89 6255 BC Wire Rope 540.28 0.00 0.00 0.00 540.28 6259 SDS Enterprises 1,798.00 1,582.00 0.00 0.00 3,380.00 6261 Orange County Winwater Co. 1,343.71 0.00 0.00 0.00 1,343.71 6288 Associates Environmental Inc. 577.50 0.00 0.00 0.00 577.50 6289 VCES 606.02 0.00 0.00 0.00 606.02 6290 Sunwest Bank -1101 4,273.38 0.00 0.00 0.00 4,273.38 6292 Sunwest Bank -9701 5,348.61 0.00 0.00 0.00 5,348.61 6297 West Valley Water District 43.51 0.00 0.00 0.00 43.51 6318 AGC of America, SD Chapter Inc. 0.00 37.50 0.00 0.00 37.50 6326 Caterpillar Financial Svc 1,864.17 0.00 0.00 0.00 1,864.17 6328 Ford Credit -1421 762.68 0.00 0.00 0.00 762.68 6338 Socal Stormwater Runoff Sol Svc. 2,620.00 1,060.00 1,440.00 0.00 5,120.00 6344 So Cal Gas (48.04) 0.00 0.00 0.00 (48.04) 6354 Continental Maintenance Inc. 395.00 0.00 0.00 0.00 395.00 6371 Sunbelt Rentals, Inc. 495.65 0.00 0.00 0.00 495.65 6384 Wells Fargo Dealer Svc -5986 1,528.16 0.00 0.00 0.00 1,528.16 See independent accountant's review report. 26 T.E ROBERTS, INC. SCHEDULE OF ACCOUNTS PAYABLE as of March 31, 2018 6388 JPS Legal Video 860.00 0.00 0.00 0.00 860.00 6390 City of Anaheim 740.16 0.00 0.00 0.00 740.16 6408 Connor Concrete Cutting 6,040.00 567.50 3,070.00 0.00 9,677.50 6426 Orange County Water District 500.00 0.00 0.00 0.00 500.00 6427 Ford Credit -0270 1,180.20 0.00 0.00 0.00 1,180.20 6447 Anaheim Housing Authority 0.00 1,000.00 0.00 0.00 1,000.00 6455 Sierra Analytical Labs, Inc. 0.00 1,580.00 0.00 0.00 1,580.00 6464 Fleet Vehicle Registration Svcs Cor 0.00 2,301.00 0.00 0.00 2,301.00 6473 Guardian 1,533.39 0.00 0.00 0.00 1,533.39 6474 EI Toro Water District 0.00 104.30 0.00 0.00 104.30 6476 Certified Laboratories 1,366.49 0.00 0.00 0.00 1,366.49 6481 John Deere Financial -3835 9,083.13 0.00 0.00 0.00 9,083.13 6482 Precision Cold Planning Inc 2,000.00 0.00 0.00 0.00 2,000.00 6483 Superior Arc Welding 14,165.00 3,600.00 0.00 0.00 17,765.00 6484 Blue Shield of Califomia 0.00 29,361.18 0.00 0.00 29,361.18 6489 Tressler LLP 0.00 1,473.50 0.00 0.00 1,473.50 6497 Diamond Environmental Svcs. 58.90 0.00 0.00 0.00 58.90 6508 Riverside Public Utilities 0.00 (1,643.65) 0.00 0.00 (1,643.65) 6511 Craig Thibault 0.00 1,600.00 0.00 0.00 1,600.00 6513 Ganahl Lumber Company 4,420.06 0.00 0.00 0.00 4,420.06 6517 ELVEE INC. 1,050.00 0.00 0.00 0.00 1,050.00 6519 O'Reilly Automotive 1,805.95 0.00 0.00 0.00 1,805.95 Total: 1,232,464.11 242,812.46 58,077.62 23,075.22 1,584,397.39 See independent accountant's review report. 27 City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of 13 -rim .c P-ol, e rfi5 being first duly sworn, deposes and says that he or she is Terii e4l-Ir of T; E, QbI2p,-5r IVI(_. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of; or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, ,connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid: price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of th alifor ' th a foregoing is true and correct. T. lube rt5, In r,. Pr l Bidder Authorized Signature/Title *rmcfhy leclotr+s Subscribed and swom to (or affirmed) before me on this day of iN1DV6MIoeV, 2018 by Vi,_olnf r't5 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (&,r" NoIrary Public [SEAL] My Commission Expires: -L - 1, ZZ- ste qAcKe,d CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Document (Notary to cross out lines 1-6 below) e Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 Cif any) 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 attaghed, and not the truthfulness, accuracy, or validity of that document. State of California Subscribed and sworn to (or affirmed) before me County of Ora VIR on this day ofN w t:Yn bee, 2p_ i b , by Datee Month Year (and (2) ), Name(s) of Signer(s) KIM E. NEWETT COMM. #2228431 z Notary Public • California proved to me on the basis of satisfactory evidence Orange County to be the person(s) who appeared before me. M Comm. Ex ires Feb. 7, 2022 Signature Signature of Notary Public Seat Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ./.S\.V4'✓{�. i -e/ �G�4'.K¢ .v4\-'�/5 U v _{�.�4\✓ `',v'^cl:t - _!':\=�i�.v{\::.��Yi� e�AJS\L4�_:.\.�'+�✓ ^a,'iA�f'.ri'�� ,.' .. �.<'a.:-t . '.4v4"S\.•. ?; G� 02014 • • •• •www.NationalNotary.org .If Ib1 i • •. • f V City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 DESIGNATION OF SURETIES Bidder's name 'T. r--. V ober-I 5 IYLC . y 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): Ire+_ i - i y ck rs Ca6ua t�t,n�__ Surety Cmv ooan I TbWU- SJIVAre , "a{lfyrA CST I OIR3 (,el 5n A,Quilal °+bq is12..3toS3 BD rids &-yk-pr - C,ulb�rtsOr� SUr nC,e ��,;rvi��s S50» San --n Ana Cansjbn Rd 7.pl, A �hetm -1 92goy _ Chuck flake 714 911- 0530 ln5ura.ncr_ l Ve*- la U6 1M-ey-naban al ft)surancz Services 41A S ar A ri-h-vr COLT(-+ Z, * wf l r_, + Be arh Andrew L Lr Q IAa VZ3-10448 City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name I.E. 12obe-r lS lnc✓ Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 19 Current Record Record Record Record Record 1 Year of for for for for for I _ ' Record 2017 2016 2015 2014 2013 Total 2018 No. of contracts .... q0 -15: s3 too if,0 Total dollar Amount of Contracts (in 15, q3� spfcll5 ts,50a Thousands of $ No. of fatalities O C D 0 No. of lost Workday Cases Q 'L I 2 - No. No. of lost workday cases involving permanent transfer to 'D a 0 0 0 C7 anotherjob or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 19 Legal Business Name of Bidder 'T. E. jZob�,rfi e, c_ . Business Address: 3b(o ►tit. Krxke4Ln /kve, ,Dran Business Tel. No.: -714 664-0Q12. State Contractor's License No. and 6050016 Classification:R C,34 Title ) The above information was compiled from the records tha are avallcible fo meat this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date .Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 0 CALIFORNIA . CIVIL •i _c...c� .z� . xs..•rua•.,,: s...x.• ., n r.. .............. e•c�- - _c.•_c., c Y`• .CSC/a^. s� �. �. _ .............. �..,.� eo,!:IZW14 � A notary public or other officer completing this certificate verifies only the identity of the individual who signed the dgeument to.vyhlch.this certifi_cte. is attached..and, not the truthfulness. accuracy, or validity of that document. State of California County of L) r an Q e- ) On_. � � �_ before me, , Date Here Insert Name and Titleof the Officer personally appeared _ Ti rn f)-thy be r -tS GI j U S�[ r'? r-- 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), 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. r KIM E fiEWETT OnMM. #2228431 z Notary Pubflc . Callfornia z Orange Count d Comm. Ex fres Feb. 7, 2022 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.. LhA ,u Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: Ci Corporate Officer --- Title(s): D Partner — F1 Limited L General 3 Individual J Attorney in Fact F] Trustee F Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — ❑ Limited ❑ General 1 Individual ❑ Attomey in Fact Trustee 0Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary,org • 1 -800 -US NOTARY (1-860-876-6827) Item #5907 -_t City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name C . VDbrs `0(,_ The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: L. Addendum No. I Date Received SiaaattjrP 7 City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 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: 'T. E.. 9-VbeHs, Inc. , Business Address: ' Up W. Kafie l lA Ave. 'R+e 0r 4e GA l ze', o7 Telephone and Fax Number: T- 714 ti ( A- M 12- P 714 2-00-02-11) California State Contractor's License No. and Class: 03 D D 8' A, C3 4 (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: t0-�I-En List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: -TIm,b+hu en +-fiy Pre6id-r in-wcc+e-d 4f pyylec+ s►+e The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 7impiMKo�Cstdtnt, 30� W. ka ella Aveae 8_Qa eCA 92.$1,1 114 &k4 -W72_ dl shn kober-1-.� SPcrc+ar ; 3f�6 N-Mfellahe.nkB QyaZ CSI qa6,7 24 LV-wi z Klmbtrt l�oberls Treasr,re i W&ic -MMI1A AvLW6 Orclme Cly MI 114 44WZ2- Lu ke foberts Y1 ce Preslenf, 3t& W . Kafelta c 4e B Orange CA ` 22-1 114 W-072 Corporation organized un er the laws of the State f a Es: 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: T.E. F oberts, Inc,, 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. ISI 0 Have you ever failed to complete a project? If so, explain. N 1) For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 9 Are any claims or actions unresolved or outstanding? Yes/ No If yes to any of the above, explain. (Attach additional sheets, if necessary) N lR Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. T. E. Koberfi-� 1nc, Bidder TI MQ+h ts (Print nam of Owner or President Corpor/Company) Authorized Signature/Title fires) d m Title 1 Date vn it- oerore me, j\, t'r) r, I_ V`t tiLy,121 , Notary Public, personally appeared * 4 9422 3 r+5 , who proved to me on the basis of satisfactory eviden 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), orthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal (SEAL) Notary Public in and for said State My Commission Expires: 2' set a -k 6 10 CALIFORNIA • • w .• •.dS. S a� .c.SrT sn mY . S.a v..� .e�¢_aS!w. _ses�a 2_. ,ate s� ,g..w .a s�, ¢,a :n .aLs..v.'.a�..�'.=:__at!:-.:.v :..a,!_ v. i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the i J documertt_to whish this c�rtifi_eate. is attaGtted..�nd not the truthfulness, accuracy. or validity of that document. State of California County of })j On { �� before me, r _.._ h E Date Here Insert Name and Title of the Officer~ personally appeared (f Y1 p7{ h" :,:j h -f p -±:S 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), 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. KIM E. NEWETT z 0 COMM. #2228431 Notary Public - California � Signature orange County Signature of Notary Public M Comm. ex fres Feb. 7, 20� Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): D Partner — D Limited D General D Individual ❑ Attorney in Fact 1:1 Trustee D Guardian or Conservator D Other: Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): ! : City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 11 i 7 r i.:, aii0 BALBOA ISLAND WATER MAIN REPLACEMENT — PHASE 2 CONTRACT NO. 7173-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 27th day of November, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and T.E. Roberts, Inc., a California corporation ("Contractor"), whose address is 306 W. Katella Avenue, Unit B, Orange, CA 92867, 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: Removal of existing 4 -inch, 6 -inch, 8 -inch, 10 -inch and 12 -inch water main; Construction of 4 - inch, 6 -inch, 8 -inch and 12 -inch valves; Construction of 4 -inch, 6 -inch, 8 -inch and 12 -inch water main including all appurtenances, fittings, services and connections to the existing water system. The work involves open -cut method to install C-900 PVC DR 14 water distribution pipe, fittings, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the Contract Documents" (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows. - 1 . ollows: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. 7173-2, 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 Two Million Two Hundred Twenty Two Thousand Three Hundred Dollars ($2,222,300.00). 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 Timothy Roberts to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 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 T.E. Roberts, Inc. Page 2 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.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 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: Timothy Roberts T.E. Roberts, Inc. 306 W. Katella Avenue, Unit B Orange, CA 92867 8. INDEPENDENT CONTRACTOR T.E. Roberts, Inc. Page 3 City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the 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. T.E. Roberts, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract 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 T.E. Roberts, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be T.E. Roberts, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. 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. T.E. Roberts, Inc. Page 7 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 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. T.E. Roberts, Inc. Page 8 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. 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] T.E. Roberts, 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'S OFFICE Date: I (T2 $ t By: 1� Foe". Aaron C. Harp %1.20.18 City Attorney `1MY t CITY OF NEWPORT BEACH, a California municipal corporation Date: all "Duffy" Duffield s d Mayor ATTEST: I� CONTRACTOR: T.E. Roberts, Inc., a Date: l ` California corporation Date: By: Leilani I. Brown City Clerk 10 01*_11WW0 Signed in Counterpart By: Timothy E. Roberts President Date: Signed in Counterpart By: Justin M. Roberts Secretary & Chief Operating Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements T.E. Roberts, 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 ATTOR EY'S OFFICE Date: 2 8/7101 `a C. By: �7 FW Aaron C. Harp it on City Attorney d,r1* ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Marshall "Duffy" Duffield Mayor CONTRACTOR: T.E. Roberts, Inc., a California corporation Date: 12 Timothy E. Roberts President Date:_ t2 - q -t,,' By: sten M. Roberts Secretary & Chief Operating Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements T.E. Roberts, Inc. Page 10 Executed in Two Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 106920564 Bond #106920564 Premium: Included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to T.E. Roberts, Inc. hereinafter designated as the "Principal," a contract for removal of existing 4 -inch, 6 -inch, 8 -inch, 10 -inch and 12 -inch water main; Construction of 4 -inch, 6 -inch, 8 - inch and 12 -inch valves; Construction of 4 -inch, 6 -inch, 8 -inch and 12 -inch water main including all appurtenances, fittings, services and connections to the existing water system. The work involves open -cut method to install C-900 PVC DR 14 water distribution pipe, fittings, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or For any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Travelers Casualty and Surety Company of America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Two Hundred Twenty Two Thousand Three Hundred Dollars ($2,222,300.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. T.E. Roberts, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 1st day of December , 20_J$. T.E. Roberts, Inc. Name of Contractor (Principal) '! Travelers Casualty and Surety Company of America Name of Surety One Tower Square Hartford, CT 06183 Address of Surety (909) 612-3675 Telephone APPROVED AS TO FORM: CITY ATTORN Y'S PFFICE Date: V1 By:4jj�f F&: Aaron C. Harp a6ls City Attorney ary)� 1: ?rt 6L �vit Author'zed Signature/Title `rtmovm bb& -+s Authefize2NA nt Signature Charles L. Flake, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED T.E. Roberts, Inc. Page A-2 ACKNOWLEDGMENT 5�-� aAAA-t/W 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 _ I 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) T.E. Roberts, Inc. Page A-3 ACKNOWLEDGMENT CIVIL CODE § 1189 A nary 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 0 r"u e, q)/ r ( r On �Z' before me, h iii ! V I° � f I V q Publ I( Date Here Insert Name and Title of the Officer personally appeared 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), 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. KIM E. NEI ETT WITNESS my hand and official seal. W, COMM. *2228431 Z v. Notary Public • California Orange County Comm, Ex fires Feb. 7, 2022D Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: --- Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): El Partner — [-J Limited ❑ General 0 Individual i _ Attorney in Fact Trustee Guardian or Conservator Cl Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): ❑ Partner — L Limited C7 General Individual ! Attorney in Fact El Trustee Guardian or Conservator U Other: _ Signer Is Representing: 02014 National NotaryAssociation • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-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 On 12-1-18 Date before me, Lexie Sherwood Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake Name(s) of Signer(s) EL XI SHERWOOD (@COMM. COMM. # 2203287 3 NOTARY PUBLIC •CALIFORNIA nORANGE COUNTY Exp. JULY 27, 2021 , 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. ) Signature Place Notary Seal Above Signature orNqt6ry Public Lexle Sherwood— 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(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limped ❑ 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: Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint CHARLES L FLAKE ofAnaheim California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. YMYYp, VP 241" by>�TY ANU s wP G9a NAfirFOfiO, HARTFORD, CCS LLQ CtkVV. 9 w CONN. W �,,�'•• �'. >ybj Y ANya'r �� State of Connecticut City of Hartford ss. By: Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 TAq maM�' �- p��ip i Marie C. Tetreault, Notary Public NiY This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 1st day of December , 2018 u•q, h •�`pf�YC gJp,1Y A OS y � WtA1F r Ct a NAATFORD, t Q C0- �1Y. w CONN, o SEMI Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880, Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. Executed in Two Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 106920564 FAITHFUL PERFORMANCE BOND Bond #106920564 Premium $18,045 The premium charges on this Bond is $ 18,045 , being at the rate of $10.60 / $7.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to T.E. Roberts, inc. hereinafter designated as the "Principal," a contract for removal of existing 4 -inch, 6 -inch, 8 -inch, 10 -inch and 12 -inch water main; Construction of 4 -inch, 6 -inch, 8 - inch and 12 -inch valves; Construction of 4 -inch, 6 -inch, 8 -inch and 12 -inch water main including all appurtenances, fittings, services and connections to the existing water system. The work involves open -cut method to install C-900 PVC DR 14 water distribution pipe, fittings, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Two Hundred Twenty Two Thousand Three Hundred Dollars ($2,222,300.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THiS OBLIGATION iS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 T.E. Roberts, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1st day of Qe ,20 18. T.E. Roberts, Inc. r Pr�sidC4 Name of Contractor (Principal) Authorized Signature/TitleYlm9lil`I P-°ber-'s Travelers Casualty and Surety Company of America Name of Surety Authorized A6eift Signature _ One Tower Square Hartford, CT 06183 Address of Surety 612-3675 Telephone APPROVED AS TO FORM: CITY ATTORN Y' OFFICE Date: By: Lf� i4�4� V:Aaron C. Harp 1a 13 •IB City Attorney Cir Charles L. Flake, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED T.E. Roberts, Inc. Page B-2 Nom, cf, 10/ 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) islare 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) T.E. Roberts, Inc. Page B-3 ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 iA nowry public or other officer completing this certificate verifies only the identity of the individual who signed the ddcnent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of orae U� q)� On �2 - before me, I� I M � ! V � Vv �� , I V b-1f1t* b11 G Date Here Insert Name and Title of the Officer personally appeared 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), 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 KIM E. NEWETT Signature of Notary Public r • COMM. #2228431 z °�: 'Z o Notary Public • California 0 Z �� Orange County M Comm. Expires Feb, 7, 2022 a Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: Cl Corporate Officer — Title(s): _ • Partner — i -1 Limited General O Individual C_j Attorney in Fact i Trustee (:.1 Guardian or Conservator U Other: Signer Is Representing: Signer's Name: _ U Corporate Officer — Title(s): ❑ Partner — U Limited Cl General U Individual U Attorney in Fact U Trustee C:l Guardian or Conservator U Other: _ Signer Is Representing: 02014 National Notary Association • www. National Notary, org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 `'t CALIFORNIA ALL-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 On 12-1-18 before me, Lexie Sherwood Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake Signer(s) , 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 LEXIE SHERWOOD person(s), or the entity upon behalf of which the person(s) COMM. # 2203287 3 acted, executed the instrument. a. NOTARY PUBLIC CALIFORNIA n ORANGE COUNTY - I certify under PENALTY OF PERJURY under the laws of Comm. Exp. JULY 27, 2021 the Sae of California that the foregoing paragraph is true and correct. Witness my hand and o Icial seal. Signature _ Place Notary Seal Above Signature of Nota Public'Lexie Sherwood 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 ❑ Limited ❑ 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: Travelers Casualty and Surety Company of America AOW Travelers Casualty and Surety Company TRAVELERS, St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint CHARLES L FLAKE of Anaheim California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. (,H A�CY AN, rFOR%�ONN. CONN. ,C ' m CONN. o � SrN. State of Connecticut By: City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 TM m0l� �- �,e��pst Marie C. Tetreault, Notary Public 'yV CfG This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 1st day of December , 2018 "TY AA" gJP O S,G 4P 9 w t4lRTFCRQ e m NACONN. CONN. Y CONN. o° s f � jet Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. EXHIBIT C 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 and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an T.E. Roberts, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each 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 T.E. Roberts, Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 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 T.E. Roberts, Inc. Page C-3 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 Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. T.E. Roberts, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 12/10/18 Date Completed: 12/10/18 Sent t Company/Person required to have certificate: Type of contract: Dept./Contact Received From: Raymund o: Raymund By: Jan T E Roberts, Inc. Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9/1/18 — 9/1/19 A. INSURANCE COMPANY: Old Republic General Insurance Corp. B. AM BEST RATING (A-: VII or greater): A / X C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M/2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must B. include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ADMITTED COMPANY (Must be California Admitted): 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 ❑ No included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured $1,000,000 is not limited solely by their negligence) Does endorsement E include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 9/1/18 — 9/1/19 A. INSURANCE COMPANY: Old Republic General Insurance Corp. B. AM BEST RATING (A- : VII or greater) A / X C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ❑ N/A ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A ® Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No I. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/1/18 — 9/1/19 A. INSURANCE COMPANY: Old Republic General Insurance Corp. B. AM BEST RATING (A-: VII or greater): A / X C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY VI BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 12/10/18 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ 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 * Subject to the terms of the contract. Date City of Newport Beach BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 Contract No. 7173-2 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 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. 7173-2 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: Date -T -114 (120,M712- E 714 =12 I Bidder's Telephone and Fax Numbers 603obs A, C- Bidder's License No(s). and Classification(s) -V . r--. i.bbe-r't5 Inn P t Bidder's AuthorireediRgyattuor�e�and Title 3oi w. Ka+.el)a Ay?. s+e R. Ormile (A- 9ZW Bidder's Address Bidder's email address: �n rtn�l-teY-h b? r iS. C,0 PR -1 City of Newport Beach Page 1 BALBOA ISLAND WATER MAIN REPLACEMENT -PHASE 2 (C-7173-2), bidding on November 7, 2018 10:00 AM (Pacific) Printed 11/07/2018 Bid Results Bidder Details Vendor Name TE Roberts Inc. Address 306 W. Katella Avenue Unit B Orange, CA 92867 United States Respondee Brian Wagner Respondee Title Estimator Phone 714-669-0072 Ext. Email estimataing@teroberts.com Vendor Type DGS,CADIR License # 603008 CADIR 1000000280 Bid Detail Bid Format Electronic Submitted November 7, 2018 9:48:21 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 157972 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type TER bid NB bid 110718 BI Phase 2.pdf General Attachment TERoberts Bid Bond BI ph 2 NB bid bond BI ph 2.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE 2 1 Mobilization/Demobilization LS 1 $80,000.00 $80,000.00 2 Traffic Control LS 1 $21,000.00 $21,000.00 3 Excavation Safety LS 1 $25,000.00 $25,000.00 4 Traffic Striping LS 1 $11.700.00 $11,700.00 5 Surveying Services LS 1 $10,000.00 $10,000.00 City of Newport Beach Page 2 BALBOA ISLAND WATER MAIN REPLACEMENT -PHASE 2 (C-7173-2), bidding on November 7, 2018 10:00 AM (Pacific) Printed 11/07/2018 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Provide As -Built Plans (Fixed Cost) LS 1 $5,000.00 $5,000.00 7 Construct 4 -inch PVC Pipe LF 30 $255.00 $7,650.00 8 Construct 6 -inch PVC Pipe LF 850 $118.00 $100.300.00 9 Construct 8 -inch PVC Pipe LF 100 $137.00 $13,700.00 10 Construct 12 -inch PVC Pipe LF 3100 $143.00 $443,300.00 11 Construct 4 -inch DI RW Gate Valve EA 3 $1,300.00 $3,900.00 12 Construct 6 -inch DI RW Gate Valve EA 30 $1,600.00 $48,000.00 13 Construct 8 -inch DI RW Gate Valve EA 2 $2,000.00 $4,000.00 14 Construct 12 -inch DI Butterfly Valve EA 8 $3,500.00 $28,000.00 15 Cut -In New 6 -inch DI RW Gate Valve EA 1 $5,200.00 $5,200.00 16 Cut -In New 8 -inch DI RW Gate Valve EA 1 $6,100.00 $6,100.00 17 Cut -In New 10 -inch DI RW Gate Valve EA 1 $8,900.00 $8,900.00 18 Cut -In New 12 -inch DI RW Gate Valve EA 1 $9.800.00 $9,800.00 19 Remove Existing Valve, Install Pipe and Connect to Existing EA 2 $5,700.00 $11,400.00 20 Remove Ex. Valve, Cut & Cap Ends of Pipe w/Conc. (Min. 18") and Abandon in Place EA 5 $4,800.00 $24,000.00 21 Cut and Plug End of Existing Water Main w/Conc. (Min. 18") and Abandon in Place EA 45 $2,400.00 $108,000.00 City of Newport Beach Page 3 BALBOA ISLAND WATER MAIN REPLACEMENT -PHASE 2 (C-7173-2), bidding on November 7, 2018 10:00 AM (Pacific) Printed 11107/2018 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 Connect to Existing Water Main Per Connection Detail EA 21 $6,900.00 $144,900.00 23 Install 2" Air and Vacuum Release Valve Assembly EA 1 $8,900.00 $8,900.00 24 Remove Existing AC Pipe (4 -inch to 12 -inch) LF 400 $65.00 826.000.00 25 Remove Existing Pipe (4 -inch to 12 -inch) LF 180 $50.00 $9,000.00 26 Construct 6 -Inch Fire Hydrant Assembly EA 12 $10,500.00 $126,000.00 27 Pressure Test, Disinfect and Flush New Water Mains LS 1 $12.900.00 $12,900.00 28 Pothole Crossing Utilities LS 1 $48,000.00 $48,000.00 29 Trench Dewatering & Discharge LF 4000 $13.00 $52,000.00 30 Temporary Paving w/Hot Mix Asphalt Concrete TN 200 $200.00 $40,000.00 31 Remove and Construct 8" Thick PCC Alley/Street Pavement SF 60000 $10.45 $627,000.00 32 Repair PCC Sidewalk SF 500 $13.00 $6,500.00 33 Repair PCC Alley Approach SF 1000 $28.00 $28,000.00 34 Repair PCC Colored/Stamped Bomanite SF 1250 $28.00 835,000.00 35 Repair Landscaping (Between St. 10+00 to Sta. 10+13) LS 1 $6,500.00 $6.500.00 36 Repair PCC Curb & Gutter LF 50 $85.00 $4,250.00 37 Repair PCC Curb Access Ramp SF 400 $37.00 $14,800.00 City of Newport Beach Page 4 BALBOA ISLAND WATER MAIN REPLACEMENT- PHASE 2 (C-7173-2), bidding on November 7, 2018 10:00 AM (Pacific) Printed 11i07/2018 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 38 Construct Siphon on Existing 6 -inch Water Main EA 3 $4,900.00 $14,700.00 39 Install 1 -inch Water Service EA 13 $3,300.00 $42,900.00 Subtotal $2,222,300.00 Total $2,222,300.00 Subcontractors Name & Address Description License Num CADIR Amount Type Connor Concrete Cutting saw cutting 977475 1000010037 $40,000.00 PO Box 447 Norco, CA 92860 United States CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM. NO.1 BALBOA ISLAND WATER MAIN REPLACEMENT -- PHASE 11 CONTRACT NO. 7173-2 ` s DATE: November 2, 2018 BY: f. TO: ALL PLANHOLDERS AC77NG W&GINEER The following changes, additions, deletions, or clarifications shall be made to the contract documerris — all other conditions shall remain the same. PROPOSAL The Contractor shall note and account as part of the bid, the change in quantity for the following bid itern's. 14. Construct 12 -inch Dl Butterfly Valve EA S. 22. Conned to Existing Water Main Per Connection Detail EA 21. 6-7.1 Tk ne of Completion -General Replace the first paragraph with the following: The Contactor shall complete all work under the Contract within 125 consecutive working days after the date on the Notice to Proceed, which wit be issued no later than January 7. 20L 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. 7-10.6.3 Steel Plate Covers Replace the first paragraph with the following: Steel plates utilized for trending shall be slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned flush with existing surface. 9-3.1 General Replace item No. 15-18 with the following: Item No. 15-18 Cut -In 6 -inch, 8 -inch, 10 -inch and 12 -Inch Ductile Iron Resillenit Wedge Gate Valve: 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, trench dewatering, removing of existing valve, installing a Ductile Iron Resilient Wedge Gate Valve including, but noft limited to, valve box and cover and valve extension, connections to existing facilities, frRtings„ 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. PLANS Sheet 7 — General Notes Replace item No. 9 with the following: 9. Wafter mains shall have a minimum of 3(r of cover from finished surface. Connection Detail `V' The contractor shall include attached (letter sized plan) Connection Detall 'V as part of bid. 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. T. F.. )►l(- Bidder's Name (Please Print) Authorized Signature & Title -nnwo f,� PO&e-v-45 k 1fy1&19 czuran! proJatls�80D - watellbalboa Island water main raptaewwd ph a x.7173-219nt t 1pddWWL:m m i.doc EXISTING 8"W(PVC) "I EXISTING 12"W(CIP) 18" SII �__v EXISTING 1. 8"W(PVC) — EXISTING 12"W(CIP) DETAIL "V" NOT TO SCALE O CONSTRUCT >. ak SEE CONNECTION EXISTING EXISTING „ (SDR -14) PER CITY STD-106—L—B 10 INSTALL 12" DETAIL 12"W(CIP) CURB VALVE WITH VALVE BOX AND RISER PER CITY STD -508—L, STD-510—L—C, AND STD -511—L 11 CONSTRUCT THRUST BLOCK PER CITY STD -510—L 15 REMOVE INTERFERING PORTIONS OF EXISTING WATER PIPE, VALVES AND APPURTENANCES 21 INSTALL 12" X 8" (FE X FE) DUCTILE IRON REDUCER 25 O X MJ) DUCTILE IRON ADAPTER EXISTING —EXISTING EXISTING 8 W(PVC) 12"W(CIP) CONSTRUCTION NOTES EXISTING 8"W(PVC) "I EXISTING 12"W(CIP) 18" SII �__v EXISTING 1. 8"W(PVC) — EXISTING 12"W(CIP) DETAIL "V" NOT TO SCALE O CONSTRUCT 12—INCH DIAMETER C-900 PVC WATER MAIN (SDR -14) PER CITY STD-106—L—B 10 INSTALL 12" CLASS 150 (FE X MJ) BUTTERFLY VALVE WITH VALVE BOX AND RISER PER CITY STD -508—L, STD-510—L—C, AND STD -511—L 11 CONSTRUCT THRUST BLOCK PER CITY STD -510—L 15 REMOVE INTERFERING PORTIONS OF EXISTING WATER PIPE, VALVES AND APPURTENANCES 21 INSTALL 12" X 8" (FE X FE) DUCTILE IRON REDUCER 25 INSTALLS" (FE X MJ) DUCTILE IRON ADAPTER 26 INSTALL 12" (FE X FE) DUCTILE IRON CROSS 55 INSTALL 12" DUCTILE IRON LONG BODY TRANSITION COUPLING (PVC X CIP) BALBOA ISLAND WATER MAIN REPLACEMENT PHASE II ADDENDUM NO. 1 CONNECTION DETAIL V CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7173-2 1 10131/18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA ISLAND WATER MAIN REPLACEMENT - PHASE II CONTRACT NO. 7173-2 APPENDIX iv APPENDIX A: OCSD SPECIAL PURPOSE DISCHARGE PERMIT iv PART 1 - GENERAL PROVISIONS 1 SECTION 00 — PRE-BID MEETING 1 All contractors wishing to bid on this project shall be represented by its CEO/Owner who will be signing the contract documents and Superintendent who will be managing the Project, at this mandatory meeting. 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 2 1-2 TERMS AND DEFINITIONS 2 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2 2-1 AWARD AND EXECUTION OF THE CONTRACT 2 2-5 PLANS AND SPECIFICATIONS 2 2-5.2 Precedence of Contract Documents 2 2-6 WORK TO BE DONE 2 2-9 SURVEYING 2 2-9.1 Permanent Survey Markers 2 2-9.2 Survey Service 3 SECTION 3 - CHANGES IN WORK 4 3-3 EXTRA WORK 4 3-3.2 Payment 4 3-3.2.2 Basis for Establishing Cost 4 3-3.2.3 Markup 4 SECTION 4 - CONTROL OF MATERIALS 4 4-1 MATERIALS AND WORKMANSHIP 4 4-1.3 Inspection Requirements 4 4-1.3.1 General 4 SECTION 5 - UTILITIES 5 5-1 LOCATION 5 5-1.1 General 5 5-2 PROTECTION 5 5-4 RELOCATION 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 8 6-11 SEQUENCE OF CONSTRUCTION 8 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 9 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 9 7-1.2 Temporary Utility Services 9 7-2 LABOR 9 7-2.2 Prevailing Wages 9 7-7 COOPERATION AND COLLATERAL WORK 10 7-8 WORK SITE MAINTENANCE 10 7-8.4 Storage of Equipment and Materials 10 7-8.4.2 Storage in Public Streets 11 7-8.5 Sanitary Sewers 11 7-8.5.2 Sewage Bypass and Pumping Plan 11 7-8.6 Water Pollution Control 11 7-8.6.2 Best Management Practices (BMPs) 11 7-8.7.2 Steel Plates 14 7-10 SAFETY 14 7-10.1 Traffic and Access 14 7-10.3 Street Closures, Detours and Barricades 14 7-10.3 Haul Routes 15 7-10.4 Safety 15 7-10.4.1 Work Site Safety 15 7-10.5 "No Parking" Signs 15 7-10.5.3 Steel Plate Covers 16 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 16 7-18 WATER MAIN PRESSURE TESTING, DISINFECTION AND FLUSHING 16 7-18.1 General 16 SECTION 9 - MEASUREMENT AND PAYMENT 17 9-2 LUMP SUM WORK 17 9-3 PAYMENT 17 9-3.1 General 17 9-3.2 Partial and Final Payment. 22 PART 2 - CONSTRUCTION MATERIALS 22 SECTION 200 — ROCK MATERIALS 22 200-2 UNTREATED BASE MATERIALS 22 200-2.1 General 22 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 22 201-1 PORTLAND CEMENT CONCRETE 22 201-1.1 Requirements 22 201-1.1.2 Concrete Specified by Class and Alternate Class 22 201-2 REINFORCEMENT FOR CONCRETE 22 201-2.2 Steel Reinforcement 22 201-2.2.1 Reinforcing Steel 22 SECTION 203 — BITUMINOUS MATERIALS 22 203-6 ASPHALT CONCRETE 22 203-6.5 Type III Asphalt Concrete Mixtures 22 SECTION 209 — PRESSURE PIPE 23 209-1 IRON PIPE AND FITTINGS 23 209-1.1 Ductile Iron Pipe 23 209-1.1.2 Materials 23 SECTION 212 — WATER AND SEWER SYSTEM VALVES AND APPURTENANCES 24 212-5 VALVES 24 212-5.2 Butterfly Valves 24 212-5.2.1 General 24 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 25 214-4 PAINT FOR STRIPING AND MARKINGS 25 214-4.1 General 25 214-6 PAVEMENT MARKERS 25 214-6.3 Non -Reflective Pavement Markers 25 214-6.3.1 General 25 214-6.4 Retroreflective Pavement Markers 25 214-6.4.1 General 25 PART 3 - CONSTRUCTION METHODS 25 SECTION 300 - EARTHWORK 25 300-1 CLEARING AND GRUBBING 25 300-1.3 Removal and Disposal of Materials 25 300-1.3.1 General 25 300-1.3.2 Requirements 26 300-1.5 Solid Waste Diversion 26 SECTION 302 - ROADWAY SURFACING 27 302-5 ASPHALT CONCRETE PAVEMENT 27 302-5.1 General 27 302-5.4 Tack Coat 27 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 27 302-6.7 Traffic and Use Provisions 27 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 27 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 27 303-5.1 Requirements 27 303-5.1.1 General 27 303-5.4 Joints 28 303-5.4.1 General 28 303-5.5 Finishing 28 303-5.5.2 Curb 28 303-5.5.4 Gutter 28 303-7 COLORED CONCRETE 28 303-7.1 General 28 SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 28 306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES 28 306-2.7 Shutdowns of Existing Pipelines 28 306-2.7.3 Temporary Bypasses 28 306-8 PREFABRICATED PRESSURE PIPE 30 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning 30 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 30 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 30 314-4.1 General 30 314-4.2 Control of Alignment and Layout 30 314-4.2.1 General 30 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 31 314-4.4.1 General 31 314-4.4.2 Surface Preparation 31 314-5 PAVEMENT MARKERS 31 314-5.1 General 31 PART 6 — TEMPORARY TRAFFIC CONTROL 32 SECTION 600 - ACCESS 32 600-1 GENERAL 32 600-2 VEHICULAR ACCESS 32 600-3 PEDESTRIAN ACCESS 32 SECTION 601— WORK AREA TRAFFIC CONTROL 33 601-1 GENERAL 33 601-2 TRAFFIC CONTROL PLAN (TCP) 33 APPENDIX APPENDIX A: OCSD SPECIAL PURPOSE DISCHARGE PERMIT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA ISLAND WATER MAIN REPLACEMENT — PHASE II CONTRACT NO. 7173-2 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 -5382-S); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawinqs for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources 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 and Superintendent who will be managing the Project, at this mandatory meeting. Where: 100 Civic Center Drive, Newport Beach (Crystal Cove Conference Room, Bay 2D) When: October 17, 2018 at 8:00 A.M. Pagel of 34 SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 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 Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of Removal of existing 4 -inch, 6 -inch, 8 -inch, 10 -inch and 12 -inch water main; Construction of 4 -inch, 6 -inch, 8 -inch and 12 -inch valves; Construction of 4 -inch, 6 -inch, 8 -inch and 12 -inch water main including all appurtenances, fittings, services and connections to the existing water system; The work involves open -cut method to install C-900 PVC DR 14 water distribution pipe, fittings, isolation valves, service reconnections, pavement restoration and appurtenant work as required by the Contract Documents." 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the submit to the Engineer, a minimum of 7 days prior controlling survey monuments which may be disturbed. Page 2 of 34 following: The Contractor shall to the start of work, a list of The Contractor will: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling 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 Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service 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. 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. Add Section 2-12 PRE -CONSTRUCTION VIDEO 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. Page 3 of 34 SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Page 4 of 34 Engineer. The Contractor shall furnish the Engineer with 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 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. 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 at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other Page 5 of 34 utility companies 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. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 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 baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the 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. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 125 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. 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. Page 6 of 34 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 Saturdays 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. The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (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. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. 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 payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. 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. Page 7 of 34 6-9 LIQUIDATED DAMAGES 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 $1,500. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar 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 (cut -in) replacements, then cut/cap or construct siphons on existing water mains located at alley intersections. The following sequence of construction shall be followed: 1. Park Avenue — 12 -inch water main. Work on Park Avenue will be phased two blocks at a time. Once the new water main is in place (from the west end of Park Avenue to Alley 402-B) and has passed testing requirements the contractor will then reconnect to existing mains per plan. 2. Collins Avenue — 6 -inch water main. Siphon Locations: a. 6" -inch between Pearl Avenue and Agate Avenue b. 6 -inch between Ruby Avenue and Diamond Avenue c. 6 -inch between Apolena Avenue and Amethyst Avenue Page 8 of 34 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 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, dust control, 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 such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -mixed concrete for public works contracts are subject to prevailing wages. 7-5 PERMITS. Delete the first sentence and add the following to the end of this section: "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 the start of the work. All groundwater, pipeline dewatering and flushing shall be discharged to the nearest sewer facility. The Contractor will not be allowed to discharge any groundwater, pipeline dewatering or flushing to any storm drain facility or discharge it to the ocean. The Contractor will be required to apply for a Special Purpose Discharge Permit from the OCSD for discharging of all groundwater, pipeline dewatering and flushing to the nearest sewer facility. A copy of the Application Form, Certification of Accuracy of Information, Sewer Connection Verification Statement, Certification of Responsible Officer and Option to Designate Signatory are attached as Appendix A. The Contractor will need to obtain this permit and comply with all of its requirements in order to discharge to the nearest sewer facilities. The permit fee is $2,365.58 and shall be paid by the Contractor. The Contractor shall allocate a minimum of fifteen (15) working days for this process. The Contractor will be required to analyze a representative sample of the groundwater to be dewatered by the Project, for Total Toxic Organics (TTO's), Page 9 of 34 Volatile Organic Compounds, Selenium, Heavy Metals, Arsenic, and Total Dissolved Solids (as a minimum). In cases where chlorine addition is used for disinfection, the Contractor shall also monitor for chlorine. The Contractor will be required to install and maintain a desilting tank for settling and removal of solids in the groundwater before discharge to the sewer mains. Contractor will be required to install a flow meter on the discharge line from the desilting tank. The meter shall have a known accuracy of ±5%, and upon commencement of construction dewatering, the Contractor must report volume totals to OCSD on a weekly basis. A sample port with valve assembly shall be installed on the discharge line from the desilting tank, and in an accessible location for subsequent sampling by both the Contractor and OCSD. The Contractor will be prohibited from discharging during a rain/storm event. The Contractor shall conduct monitoring of the groundwater discharge as specified for the purpose of determining the status of compliance and suitability for discharge. For the purpose of monitoring the groundwater discharge associated with the Project, the Contractor shall collect grab samples from the desilting effluent discharge within the first week upon commencement of the discharge, and lastly, approximately one month before project shutdown. The constituents to be analyzed will include heavy metals (chrome, copper, nickel, zinc), plus arsenic and selenium (by EPA method 60106), total suspended solids, and total toxic organics (by EPA method 624). Copies of all sampling results/lab reports must be submitted to OCSD within 15 days of the sampling date. The project site is less than 1 acre, therefore, the preparation of a SWPPP is not required. The statewide general NPDES permit does not apply either to this project." 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. 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. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials Page 10 of 34 7-8.4.2 Storage in Public Streets 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. 7-8.5 Sanitary Sewers 7-8.5.2 Sewage Bypass and Pumping Plan 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 peak 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. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 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 11 of 34 The BMP will be approved by the Engineer prior to any work. The City 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 14.36.030 of the City's Municipal Code. 7-8.6.4 Dewatering Add the following to the end of this section: "Groundwater will be encountered during the excavation of the project. The Contractor will be responsible for providing, installing, maintaining and operating a dewatering system in the project area if groundwater is encountered. The Contractor's dewatering operations shall conform with all requirements of the OCSD's Special Purpose Discharge Permit. See Section 7-5, as amended, for specific requirements. The Contractor shall provide and maintain, at all times during construction, ample means and devices to promptly remove and properly dispose of all water from any source, including groundwater, and water migrating through the bedding of existing sewers or storm drains or other existing utilities, entering the excavations. Costs for dewatering of all water shall be the Contractor's responsibility and shall be included within the Linear Foot Price for Project Dewatering and no additional compensation will be allowed therefor. The Contractor shall confirm that the receiving sewer system has the capacity to take the estimated flows during dry and wet weather conditions and whether or not the water quality is acceptable and will not cause any permit violations. The following discharges are prohibited: oil, grease, fuel, sludge, trash, chemicals, and any other items which would adversely affect water quality. Water shall not be discharged into OCSD sewer facilities during a wet -weather storm event. For all dewatering operations, each disposal point shall have a calibrated, non- resettable totalizing effluent flow meter with a flow accuracy of plus or minus 5 percent to track the dewatering discharges. The Contractor shall submit weekly reports showing total amount of discharge at each point with meter readings and other data necessary to support the quantity reported. Also, an accessible sample collection point shall be provided immediately upstream of all points of discharge. The Contractor shall provide OCSD's Source Control staff and Engineer unrestricted access to the facility and site to inspect, monitor, or verify compliance with OCSD's Permit requirements. All dewatering operations require the use of a desilting tank with a stainless steel sampling port and a drip container so that the Engineer may collect periodic dewatering samples. Additionally, the desilting tanks shall be covered with sturdy and air -tight Page 12 of 34 covers so no odors can escape, and no illegal dumping is possible. The air -tight covers shall be maintained throughout the dewatering period, and only removed when necessary for silt removal or other maintenance activities. The desilting tank shall be located in a safe and easily accessible location. The system used for desilting the water shall be a baffled structure and shall provide not less than 5 minutes detention time and have a "flow-through" velocity not exceeding 0.2 foot per second at the anticipated peak flow. The desilting box shall be cleaned as required to maintain the detention time and flow-through limitations specified above. The intent is to avoid any addition of soil materials from dewatering operations into the receiving sewer system. All dewatering operations with detectable levels of TTO's, or evidence of TTO's in the extraction zone, or significant amounts of volatile organics, may require the use of granular activated carbon (GAC) filters in lead -lag arrangement or other suitable technology to meet OCSD's TTO limit of 0.58 mg/L and mitigate an Lower Explosion Limit (LEL) event. Note that additional particle filtration is typically provided upstream of the GAC filters to prevent fouling and to extend the life of the carbon. The GAC filters shall be equipped with a stainless steel sampling port and a drip container on the final stage discharge outlet so that the Engineer may collect periodic dewatering samples. Additionally, the GAC filters shall be air -tight so no odors can escape, and no illegal dumping is possible. The air -tight covers shall be maintained throughout the dewatering period, and only removed when necessary for carbon change out or other maintenance activities. The GAC filters shall be located in a safe and easily accessible location. Each GAC filter shall provide enough detention time to meet OCSD's TTO limit of 0.58 mg/L. The carbon shall be changed in the lead GAC filter when the TTO as measured in the discharge of the lead GAC filter is at 0.58 mg/L, or as required. The GAC filters and additional particle filtration equipment upstream of the GAC filters shall be cleaned as required to maintain the detention time and flow-through limitations as specified above. The intent is to avoid any addition of soil materials from dewatering operations into the receiving sewer system or fouling of the GAC filter carbon media. The method of pretreatment and point of disposal of water shall be subject to the District's Source Control staff and the Engineer's approval." 7-8.6.6 Disposal of Flushing Water The Contractor will be required to flush the proposed 6 -inch, 8 -inch and 12 -inch pipelines with water to remove dirt and debris as specified in Section 306-1.4.7. The Contractor will be required to discharge this water into a sanitary sewer system and will not be allowed to discharge it to an existing storm drain facility or to a natural drainage channel. The Contractor will need to coordinate this disposal of water with the City of Newport Beach and the Orange County Sanitation District in order to schedule the flushing as well as confirm that the sewer system has adequate capacity to handle the proposed flushing rate. All costs of the disposal of the flushing water shall be borne by the Contractor. ' Page 13 of 34 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 flush with existing pavement surface." Contractor shall shim plates so that noise is reduced as much as possible. 7-10 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 showing detours for each street impacted. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. Page 14 of 34 5. For work on Park Avenue, the Contractor will be allowed to close the street two blocks 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. Contractor shall coordinate bus drop-off and pick-up locations with Newport Mesa Unified School District for affected locations along Park Avenue. 7. Contractor shall make every effort to keep traffic flowing at all times for the Agate Avenue ferry crossing and business district. 8. Sidewalk closures shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and detour path signs provided. 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety 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. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. 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 Page 15 of 34 addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. 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." 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- 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 Page 16 of 34 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 ofthe 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." SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not 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 Page 17 of 34 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 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. 5 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. Item No. 6 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 $5,000 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. 7-10 Construct 4 -inch, 6 -inch, 8 -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. 11-14 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 Page 18 of 34 limited to, valve box and cover and valve extension and all other work items as required to complete the work in place. Item No. 15-18 Construct 6 -inch, 8 -inch, 10 -inch and 12 -inch Ductile Iron Resilient Wedge Gate Valve (Refer to Plan Sheet 7): 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. 19 Remove Existing Valve, Remove Existing Valve Can, Lid, Riser and Bury, Install Pipe 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 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. 20 Remove Existing Valve, Remove Existing Valve Can, Lid, Riser and Bury, Cut and Plug Ends of Pipe w/Concrete (Min. 18") and Abandon in Place: 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 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. 21 Cut and Plug Existing 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. 22 Connect to Existing Water Main per Connection Detail: 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. 23 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 Page 19 of 34 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. 24 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. 25 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. Item No. 26 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, pavement removal and all other work items as required to complete the work in place. Item No. 27 Pressure Test, Disinfect and Flush New Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. Item No. 28 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. 29 Trench Dewatering and Discharge: Work under this item shall include all material, labor and equipment (well point system) for providing dewatering of groundwater from trenches associated with trenching and installation of new pipelines, valves 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 (Appendix A) 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. The existing groundwater table is at 3' elevation below pavement and is influenced by the tide. Item No. 30 Temporary Paving w/Asphalt Concrete: Work under this item shall include, compaction, paving trench flush with hot mix asphalt concrete over existing native fill and all other work items as required to complete the work in place. Page 20 of 34 Item No. 31 Remove and Construct 8 -inch Thick P.C.C. Alley/Street Pavement Per CNB STD -105 -L -B: Work under this item shall include sawcutting, removing and disposing of existing 8 -inch thick pavement, constructing 8 -inch thick P.C.C. alley or street pavement and all other work items as required to complete the work in place per STD -105 -L -B. A second sawcut will be required for "T" trench wing before construction of new pavement. Item No. 32 Repair P.C.C. Sidewalk: Work under this item shall include, but is not limited to sawcutting, excavation, backfill, compaction, disposal of excess material, removal and replacement of sidewalk pavement and all other work items as required to complete the work in place. Item No. 33 Repair P.C.C. Alley Approach: Work under this item shall include, but is not limited to sawcutting, excavation, backfill, compaction, disposal of excess material, removal and replacement of alley approach pavement per STD -142-L and all other work items as required to complete the work in place. Item No. 34 Repair P.C.C. Colored/Stamped Bomanite: Work under this item shall include, but is not limited to sawcutting, excavation, backfill, compaction, disposal of excess material, removal and replacement of existing colored and stamped bomanite walkway located along the medians on Park Avenue and all other work items as required to complete the work in place. Item No. 35 Repair Landscaping (Between Sta. 10+00 to Sta. 10+13): Work under this item shall include, but is not limited to removal, disposal and replacement of any damaged landscaping, and all other work items as required to complete the work in place. Item No. 36 Repair P.C.C. 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 curb and gutter per STD -1 82-L and all other work items as required to complete the work in place. Item No. 37 Repair P.C.C. Curb Access Ramp: Work under this item shall include, but is not limited to sawcutting, excavation, backfill, compaction, disposal of excess material, removal of existing pavement, construction of curb access ramp per Std -181-L-13 and all other work items as required to complete the work in place. Item No. 38 Construct Siphon on Existing 6" Water Main: Work under this item shall include sawcutting, removal of existing pavement, excavation, disposal of excess material, control of groundwater, constructing siphon, compaction, and all other work items as required to complete the work in place. Item No. 39 Install 1" Water Service: Work under this item shall include installing a new 1 -inch water service per City Std -502-1- (including new lid and box), reconnecting existing services to new piping and all other work items as required to complete the work in place. Page 21 of 34 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. 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 Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel 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 203-6.5 Type III Asphalt Concrete Mixtures Page 22 of 34 Asphalt concrete finish course and leveling course shall be Type III -C3 -PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III -B2 -PG 64-10 (20% max RAP). SECTION 209 — PRESSURE PIPE 209-1 IRON PIPE AND FITTINGS 209-1.1 Ductile Iron Pipe 209-1.1.2 Materials 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 couplings used to join pipes in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe harness 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. 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. Ductile iron pipe fittings and valves buried underground shall be protected with a polyethylene encasement (plastic film wrap) in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene. Page 23 of 34 SECTION 212 — WATER AND SEWER SYSTEM VALVES AND APPURTENANCES 212-5 VALVES 212-5.2 Butterfly Valves 212-5.2.1 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. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI 816.1 flange drilling. All valves shall 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 shall be provided with 316 stainless steel exterior body bolts. Page 24 of 34 SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 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 found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General 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 Page 25 of 34 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. 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. 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, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. 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. 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. Page 26 of 34 SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks'/4-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 layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4 -inch in width shall be filled and compacted to 95% minimum. 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 SS -1h asphaltic emulsion at a rate not to exceed one square yard shall be uniformly applied to existing A.C. a against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions patches, a tack coat of Type —tenth (1/10) of a gallon per nd P.C.C. surfaces and edges The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. 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 Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation Page 27 of 34 systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. 303-5.4 Joints 303-5.4.1 General The Contractor shall 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 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. 303-7 COLORED CONCRETE 303-7.1 General Delete the first sentence and replace with the following: Colored concrete shall be produced by Method B (Integral Color) as described in Section 303-7.3. SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES 306-2.7 Shutdowns of Existing Pipelines 306-2.7.3 Temporary Bypasses The Contractor will be responsible for the installation of a temporary by-pass system as described in these special provisions and the plans. Page 28 of 34 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 with the City's Utilities Division for disinfection, bacteriological testing and certification of the by-pass systems. 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. 306-5.4 Removal of A.C. Pipe and Fittings. The Contractor will be required to remove asbestos cement pipes during the prosecution of his work. Removal of existing asbestos material shall be performed by a Contractor registered by CAL/OSHA and certified by the State Contractor's Licensing Board for asbestos removal. Copies of the certification shall be submitted to the City prior to the commencement of any asbestos removal activities. The Contractor shall comply with all State and Federal laws regarding handling all removal of asbestos materials. The Contractor shall be responsible for the proper removal and disposal of all asbestos materials. The Contractor shall not field cut the existing A.C.P. In the specific instance of making connections to the existing A.C.P., disconnect, at the nearest joints, the length of pipe to be connected to the new pipe. Page 29 of 34 This length of existing A.C.P. will be replaced by the new pipe making the tie-in. Contractor shall handle the A.C. pipe in strict conformance with all applicable CAL/OSHA, EPA and governing health agency requirements. The Contractor shall provide sufficient supervision and monitoring to assure conformance." 306-8 PREFABRICATED PRESSURE PIPE 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning 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. 5. 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. 6. Contractor shall pressure test new main lines including any services prior to disinfection. 7. The Contractor shall make arrangements with the City's Utilities Division for disinfection, bacteriological testing and certification of the new main and services. The Contractor shall be responsible for disinfection and flushing the main and services as well as pulling the bacteriological samples and running the incubation tests for coliform bacteria. 8. 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. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General 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 placed. 314-4.2 Control of Alignment and Layout 314-4.2.1 General Page 30 of 34 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 proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 15 days. Page 31 of 34 PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted 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. City "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. 600-3 PEDESTRIAN ACCESS 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. Page 32 of 34 SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, up to four (4) changeable message boards (CMBs), 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. Messages for the CMBs shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. For work on Park Avenue, the Contractor will be allowed to close the street two blocks 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. Contractor shall coordinate bus drop-off and pick-up locations with Newport Mesa Unified School District for affected locations along Park Avenue. Page 33 of 34 7. Contractor shall make every effort to keep traffic flowing at all times for the Agate Avenue ferry crossing and business district. 8. Sidewalk closures shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and detour path signs provided. APPENDIX APPENDIX A: OCSD SPECIAL PURPOSE DISCHARGE PERMIT Page 34 of 34 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: Mailing Address: Street Phone Number: ( ) Complete Legal Entity Name City State Zip Code Fax Number: ( ) Contact Name: E-mail Address: Sewer Service Address: Street 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: City State Zip Code Year of Incorporation State of Incorporation Corporate Identification 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? 1-1 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? ElYes ❑ 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 Mon Sun ■ Days of week of discharge (enter X): Tue Wed Thu Fri Sat Page 2 of 9 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: F Hydraulic ❑ Instrumentation Calibration performed in situ? F]Yes ❑ No The calibration of an existing effluent meter may be 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: Street Phone Number: ( ) Title: 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) City State Zip 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 penalty of law that the submitted information is true, accurate, and complete. 1 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 Connection to District's Sewer System (Trunklines) Connection Permit No.: Connection Address: Discharge Pipe Size: inches Maximum Flow Rate: gpm Receiving Trunkline Name / 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 I, the undersigned, do hereby certify that I meet the definition of a Responsible Officer, as outlined below. A responsible officer is defined 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. 1 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 Pnnt or 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 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 Print or Type) Title 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. 1 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 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 either 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, operator of a well, or well field superintendent, or a 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 Print or Type) Signature: Date: Title: 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 ❑ VI I. 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 if the Responsible Officer is to be the Signatory. 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. 1 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. 1 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:\wp.dta\ts\3590\forms\miscfrms\certification of responsible officer.doc Last revised: May 6, 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 Print or Type) Title 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. 1 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 or 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 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 this facility from which the wastewater discharge originates. 1 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 Signature Title Print or Type) 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:\Users\PBW\Shared\Contracts\FY14-15 CURRENT PROJECTS\600 - WATER\C-5481 - Newport Blvd Water Main Rehabilitation CAP14- 0030\DESIGN PHASE\Appendix A3 - OCSD Designated Signatory.doc