HomeMy WebLinkAboutC-7539-1 - Water Transmission Main Valve Replacement0
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April 28, 2021
T.E. Roberts, Inc.
Attn: Timothy Roberts
306 West Katella Avenue, Unit B
Orange, CA 92337
100 c iva enter Drive
Newport 1.-teai h, t difonti 926(;0
949 d,44-3005 1 949-644-5059 me
nowport bear I it.i.gnv
Subject: Water Transmission Main Valve Replacement — C-7539-1
Dear Mr. Roberts:
On April 28, 2020, 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
April 30, 2020 Reference No. 2020000196042. The Surety for the contract is Travelers
Casualty and Surety Company of America and the bond number is 107040457.
Enclosed is the Faithful Performance Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
EXECUTED IN TWO COUNTERPARTS
CITY OF NEWPORT BEACH
BOND NO. 107040457
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 7, 150 , 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 The work necessary
for the completion of this contract consists of: Removal of existing 16 -inch, 18 -inch, and
30 -inch transmission water main; Removal of existing 16 -inch, 18 -inch, and 30 -inch
transmission water valves; Demolition of existing valve vaults; Construction of 16 -inch,
18 -inch, and 30 -inch Cement Mortar Lined& Coated (CML & C) transmission main
including all appurtenances, fittings, services and connections to the existing water
system; Construction of 16 -inch, 18 -inch, and 30 -inch butterfly transmission valves;
Construction of 6" fire hydrant assemblies 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 Seven
Hundred Forty Nine Thousand Nine Hundred Thirty Three Dollars ($749,933.00) 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
T.E. Roberts, Inc. Page B-1
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 6TH day of ,LUNE ,20 19 .
T.E. ROBERTS, INC. Y' wrk
Name of Contractor (Principal) Authorized Signature/Title
TRAVELERS CASUALTY
COMPANY OF AMERICA
Name of Surety
AND SURETY
)
Authorized Agent Signature
ONE TOWER SQUARE
DIAMOND BAR, CA 06183
Address of Surety
(909) 612-3675
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
.,,,-Aaron C. Harp
City Attorney
CHARLES L. FLAKE,ATTORNEY-IN-FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
T.E. Roberts, Inc. Page B-2
CONTRACTOR AND SURETY MUST BE ATTACHED
T.E. Roberts, Inc. Page B-3
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%1 ) ss.
On J ; n a o 20__j before me,
Notary Public, personally appeared ; tw C?khi k' 1k"G i
who proved to me on the basis of satisfactory evidence t the persons) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
KIM E.NEWETT
COMM. #2228431 z
a Notary Public California z
z Orange County
MYComm., Expires reb.1, 2022 P
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 B-4
CALIFGr1NIAALL-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 6/6/19 before me,
Erin A. Sherwood Notary Public,
Date
Insert Name of Notary exactly as it appears on the official seal
personally appeared Charles L. Flake
Name(s) of Signer(s)
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. ! ,,
7 %
f+
Signature(,���,_ 1
cuoe�
Place Notary Seal Above
Signatur'"8 Notary Public Erin A. 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:
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer—Title(s):
_ ❑ Corporate Officer —Title(s):
❑ Partner ❑ Limited ❑ General
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Attorney in Fact
❑ Trustee •
❑ Trustee •
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other:
❑ Other:
Signer is Representing:
Signer is Representing:
TRAVELERSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
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 Stale 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 Iheircorporate seals to be hereto affixed, this 3rd day of February,
2017.
tW wN�r� or„rr xo t
��iu>trreaq 5 � marr�n. �' r,x�urt
9
State of Connecticut
City of Hartford as. 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 Surely Company, and SI. 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. 0717,
My Commission expires the 30th day of June, 2021 uq}O.Ac..t.
Immo + Mane C. TetreauIt, Notary Public
4*
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 Surely 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 art 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 6th day of June , 2019
�ryoiwp� a xoa aN't
s
>: �e o
_
Kevin E. Hughes, Ass, tint Secretary
To verify the authenticity of this Power of Attorney, please calf us at 1-800-421.3880.
Please refer to the above-named Attorney -fn -Fact and the details of the bond to which the power is attached.
July 6, 2020
T.E. Roberts, Inc.
Attn: Timothy Roberts
306 West Katella Avenue, Unit B
Orange, CA 92867
i-JTY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
9,19-644-3005 1 949-644-3039Fnx
newportbeachca.gov
Subject: Water Transmission Main Valve Replacement - C-7539-1
Dear Mr. Roberts:
On April 28, 2020 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
April 30, 2020, Reference No. 2020000196042. The Surety for the bond is Travelers
Casualty and Surety Company of America and the bond number is 107040457. Enclosed
is the Labor & Materials Payment Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
EXECUTED IN Two COUNTERPARTS
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 107040457
PREMIUM: INCLUDED IN PERFORMANCE FOND
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 The work necessary
for the completion of this contract consists of: Removal of existing 16 -inch, 18 -inch, and
30 -inch transmission water main; Removal of existing 16 -inch, 18 -inch, and 30 -inch
transmission water valves; Demolition of existing valve vaults; Construction of 16 -inch,
18 -inch, and 30 -inch Cement Mortar Lined& Coated (CML & C) transmission main
including all appurtenances, fittings, services and connections to the existing water
system; Construction of 16 -inch, 18 -inch, and 30 -inch butterfly transmission valves;
Construction of 6" fire hydrant assemblies 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
Seven Hundred Forty Nine Thousand Nine Hundred Thirty Three Dollars ($749,933.00)
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 6TH day of .TUNE —12019
.
T.E. ROBERTS, INC. v✓IG�G✓b�
Name of Contractor (Principal) Authorized Signaturefritler"�
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 OFFICE
Date: (- 22DIq___
By:_
„'.Aaron C. Iiarp
City Attorney
Authorized AgenfSignature
CHARLES L. FLAKE,ATTORNEY—IN—FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
-
T.E. Roberts, Inc. Page A-2
AND SURETY MUST BE ATTACHED
T.F. Roberts, Inc. ^------ -- —' ----Page A-3
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 0 i'fdage— )ss.
On Jun P tff 20-Lq_ before me, I Cq NSW e ,
Notary Public, personally appeared Tlmt)4-h\\ (? ni,a+5
who proved to me on the basis of satisfactory evidence 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.
i
KIM E. WRT!T
COMM, #2228431 z
o Notary Public - California o
orange County
M Comm. Ex it Feb. 7, 2022
(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)
I . Notwifs, 11w Page A-4
CALIF(,kNIA ALL-PURPOSE ACKNOW,,_EDGMENT
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 9
County of Orange f`
On 6/6/19 before me, Erin A. Sherwood _ Notary Public,
Date Insert Name of Notary exactly as It appears on the official seal
personally appeared Charles L. Flake
ERIN A. BNERW00"
Ei�
Notary Public - California
a
Orange county r
My Comm. Expires Jul 6. 2019
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
Place Notary Seal Above Signature of Notary Public Erin A. 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 El Limited El General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name: _
❑ Individual
❑ Corporate Officer--Title(s):
❑ Partner ❑ Limited ❑ General
Q Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
TraveleCasualtyand Surety Company of America
rs
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 Casually and Surely 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.
3Jr/um'rona, 5 '�
w LAi
Slate 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 Casually and Surety Company of America, Travelers Casualty and Surely 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. 0.111, .1 1
My Commission expires the 30th day of June, 2021 3 R mQlwL C .Notary Public
+ qA*tos+ Manze O. Tetreault, Notary Public
o1'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
Surely Company of America, Travelers Casually 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 fled in the once 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 Attomeys-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 6th day of June , 2010
Wo y^nr 8.,)21't�Ie1NeN.!), Y9Cq
' w[dry93![U
yry
i
Kovin E. Hughes, Assi lent Secretary
To verify lire authenticity of this Power ofAttorney, please call us at.1-800-411-3886.
Please refer to the shove-nonred Attorney -in -Fact and tire details of the bond to which the power 1s attached.
Batch 6354210 Confirmatior,
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Page 1 of 7
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
I111I1I111111111IIIIIIIIIIIIIfl111$11I1IIIII1111111111l1lI I 11 NO FEE
-$ R 0 0 1 1 6 5 4 2 1 9$
2020000196042 9:38 am 04130120
320 502A 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 May 28, 2019. Said Contract set forth certain
improvements, as follows:
Water Transmission Main Valve Replacement - C-7539-1
Work on said Contract. was completed, and was found to be acceptable on
April 28, 2020, 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.
BY
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. w y�' /��n
Executed on "1 � /V O at Newport Beach, California.
BY
City Clerk
https:Hgs.secure-i-ecording.com/Batch/Coiifirmatioii/6354210 04/30/2020
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 May 28, 2019. Said Contract set forth certain
improvements, as follows:
Water Transmission Main Valve Replacement - C-7539-1
Work on said Contract was completed, and was found to be acceptable on
April 28, 2020, 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.
BY/G
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. ��II n�
Executed on Af �� /V �� at Newport Beach, California.
BY V�•�'r1'Y►�
City Clerk
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 2nd day of May, . 2019,
at which time such bids shall be opened and read for
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
$800,000
Engineer's Estimate
Approved y
Mich J. Sinacori
Acting City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
hftp://www.planetbids.com/portal/portal-cfm?Comt)anylD=22078
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/government/open-transparent/online services/bids rfps
vendor -registration
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
TABLE OF CONTENTS
NOTICEINVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO 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....................................................................... 18
INFORMATION REQUIRED OF BIDDER.....................................................................19
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
2
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
INSTRUCTIONS TO BIDDERS
1. 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 PlanetBids)
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, 2nd 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 Due 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
3
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. 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
4
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,fa revieA d.
�
0300' A C-3 (�� y 1, d Pre SId-rnf
Contractor's License No. & Classification Authorized Signature/Title r(mothy Roberts
10 DOOODU() l-3D-I°I
DIR Registration Number & Expiration Date
I.E. Kob-P-H Ir
Bidder
5
5-H01
Date
BOND #10-B
PREMIUM: NIL
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
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 WATER
TRANSMISSION MAIN VALVE REPLACEMENT, Contract No. 7539-1 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 24TH day of APRIL 2019.
T.E. ROBERTS, INC.
Name of Contractor(Principal)
Authorized Signature/Title
nwr vi -Ay lZo ert S
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA
Name of Surety 4��Authorized nt Signature
21688 GATEWAY CENTER DR.
DIAMOND BAR, CA 91765
Address of Surety
(909) 612-3675
Telephone
SPENCER FLAKE, ATTORNEY-IN-FACT
Print Name and Title
(Notary acknowledgment of Principal & SUrety must be attached)
A
ACKNOWLEDGMENT
...............................................................................
State of California
County of
On
personally appeared
ss.
before me,
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 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
a
Check here if
no thumbprint
or fingerprint
is available.
Seg a-�-ACh2o�
7
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 4-24-19 before me, Lexie Sherwood Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Spencer Flake
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
LEKIE SHERWOOD executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures) on the instrument the
COMM. # 2203287 R
•ti: NOTARY PUBLIC • CALIFORNIA G) person(s), or the entity upon behalf of which the person(s)
(� n
ORANGE COUNTY acted, executed the instrument.
_ Comm. Exp. JULY 27, 2021
srvv^vv I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
- Signature /., , " .—/
Place Notary Seal Above Signature of Nota Public exle erwo0
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer —Title(s): ❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT
❑ Trustee OF SIGNER ❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Travelers Casualty and Surety Company of America
AW 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 Spencer 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.
WO) a HARTFORD, COvOtf�t
CONN. 2 CONN. Cp S
+ d
1 v�CD bd+ 'HAD
State of Connecticut
City of Hartford ss.
By: d'� ;-
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
�'ueuas* Marie C. Tetreault, Notary Public
NN
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 24th day of April , 2019
'P pOYC
Mo
w
H4RrFORD, W HARTFORD, + QDIPOMI,K
CONN.. ; CONN. o°
Kevin E. Hughes, Assn taut Sec, Ftary
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 attacfrecl.
ACKNOWLEDGMENT
...............................................................................
State of California
County of
On
personally appeared
ss.
before me,
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 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 a+I-Q c,hed
CALIFORNIA
• • CIVIL •D
SS_.^�.CCL1C�`�..�.'CC_s�CC/: C s�C...�C�C saC _sem• ..� _.�'.^S_a�C .'�.Cc� _ .C...�C.-�. C...�C_-aC_ s�Y.:`
1189
r'• .cam.... �..�.` C ..�C_� ..� .'aC s�Cs� sem.
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
On before me, bI G
Date Here Insert Name and Title of the Officer
personally appeared -0 I Y\ b
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.
KIM E. NEWETT
COMM. #2228431 z
5 Notary Public • California . o
z Orange County
M Comm. Expires Fab. 7 2022
Place Notary Seal Above
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 _&�L C� J4,u�_
Signature of Notary Public
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:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
•14 NationalNotary• •www.NationalNotary.org1-800-US NOTARY• ,
-800-876-6827)
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
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 Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the 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. No changes may be made
in these subcontractors except with prior approval of the City of Newport Beach.
T.E. &h-eris Inc
Bidder Authorized Signature/Title-r,-,,rhy Rcb�rf
9
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name T. F t� a b e r T n G
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/Number M lMa ISland WN ,+-er VOL(n oI conl-!�n+- pha -,- p
Project Description ,a ,a' 8-)T" DV(_ w&i-e imi: Ayid apjair+e na i ce -5
Approximate Construction Dates: From I To: 2sh. 5- 31-I q
Agency Name _ C_1+ b� 1\lev.tnnri- 13e a rh
Contact Person Ayre d ast-&ncg) Telephone (lqq) 144-3314
Original Contract Amount $1,=,�M inal Contract Amount $ tt� P
If final amount is different from original, please explain (change orders, extra work, etc.)
_W bKk IA 42M I
2MIX /17 5
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
10
Project Name/Number BYi ne_ Disposal ,jy Gi" CI g
Project Description IDmiI�S 12 AWL nipeltne_ ani a�2our-�-en"(_-es
Approximate Construction Dates: From (r) - I q( -I 8 To: es+_
Agency Name (A_ iii Pa U moot
Contact Person Te c1 L.0 14 -en Telephone (�4) 3 °I 3 - I J 1 Z
Original Contract Amount $ g I PL, Final Contract Amount $ Tb'o
If final amount is different from original, please explain (change orders, extra work, etc.)
_we_rk IY1 nmare.5 9
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_ G_uin�Q (rrla(Afinn binhabojg�)j3 Irn rn _Aients1C0oIrA6 6015505
Project Description `�, �7G Z� PV(,,. SID2' IL ETC, N 2 q21 12" PVC and otppvrf-_-a flces
Approximate Construction Dates: From 1- (a -1 ( To: e, at .
Agency Name ('_oar_hP a V iIzsj nja.I- "v- ,DIstr Ict
Contact Person BY -Ian KorGnK Telephone(76D) 3qg-2�5/
Original Contract Amount $ S�(`inal Contract Amount $ TBP
If final amount is different from original, please explain (change orders, extra work, etc.)
1N r) rk In Or-na re-) 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, Na
11
No. 4
Project Name/Number _?Via 5C W er 9b1fii-1b rnb/I Sice
Project Description 7,(�70� -�" pip e- pVC aoA Q,.2nirfit Qz) es
Approximate Construction Dates: From 1,7-- 5-17 To:_��
Agency Name r.I Th ro W a- e r t i Str (c; -r
Contact Person 2nbe-r+ YoU n a Telephone (qqq) R3 �-?DSD
Original Contract Amount $ 13I!9l ' Final Contract Amount $ I, I ai, bS2 . -
If final amount is different from original, please explain (change orders, extra work, etc.)
aid_ gUon`iiheS auf. -P,rcnmal, i inn qui P
L
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 5
Project Name/Number aal bpa I.S l a W akeK Main kP nl a l>° ,n�h Ph�v
Con-Ira�,4- c-11-7,13Project Description �. N -i2" PVG 1nrGii CY ling nd ag211�4-tfnan1P5
Approximate Construction Dates: From i - 3 - 1 $ To: -4-1 8 -( $'
Agency Name Gi -�U n fJP w 12 r-1- Car a cv,
Contact Person A I r -e d CQ +& n p n Telephone Q -.33
Original Contract Amount $ 45e3_qC�Final Contract Amount $ 1, qqM, 32?,
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.
12
No. e(
Project Name/Number AI d-erdal e Ave.� M /,�mef12 j� 'rr/l�l�m r`i�i► �1 M Q (�
CerN'r-a vl- amu' 2 0 ► s� I l2q N
Project Description ,ODD I ZDIE y1 Di b,7v r+� n h cps
Approximate Construction Dates: From S—q- l7 To:
Agency Name C -1+Q 0� An & h -e -Lm
Contact Person D aJ l d 2 a ✓t Chez Telephone (114)
Original Contract Amount $TlD5inal 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.
Ave
No. JR
Project Name/Number PCH ReW G(+,rte Dlshnb +inQ IT51 �09
CoMr2cl- i �� rp'(j, S
Project Description b.bS1)' Ib" gV(- 21 reline Girt .( q ppu�-I n a��ce s
Approximate Construction Dates: From 3-13 -(7 To:
Agency Name 51)L)+h CDC( s-►- V\J 6[+e -r D 15 -I -r1 C` -
Contact Person J D e S In Q co rl Telephone (q qq � % q- y S Lu% 317 S�
Original Contract Amount $3,101,37IFinal Contract Amount $_ 2','l?2. �!
If final amount is different from original, please explain (change orders, extra work, etc.)
S (�oT 1
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.
12 It
No. A g
Project Name/Number_ IJVdVV &+e lI, (fps
Project Description A, R Ria, 91, PVL P1 nvlrn7- anal 012Aur-reria1i,-zS
Approximate Construction Dates: From I - 2 S- ('I To: R - 31,17
Agency Name 4--Fi �,✓
Contact Person A u I l f) re Telephone S( -7- g 5 2_S_
Original Contract Amount $ IA2 Ei inal Contract Amount $__ I,1 p -I, nqs -
If final amount is different from original, please explain (change orders, extra work, etc.)
es
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 ame/Number e 1 r e $" aktr' In RW1&Z&Me,1L
#�
Project Description �D�� 8 PV(- r Gt k-er M LLn and a pni1r±f 11,a Ges
Approximate Construction Dates: From q -1-1:1 To: 1-1_q- 1-/
Agency Name G i ty_ of Ar) a w-)
Contact Person K i m Tran Telephone (71,,x) 7(o5- Lt IO
Original Contract Amount $ 321 2 Final Contract Amount $_ gAgJ `i SS;
If final amount is different from original, please explain (change orders, extra work, etc.)
MUMME W/1 PROM
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.
12?
N�'Ib
Project Name/Number-LLl ey-,.Zfl,4,1 VA�yee_V-to e j-/4AZgo- 1 olj2 g
Project Description UA hr Ze,d a-6tweat aL John UUGVV\e Airpnr+
Approximate Construction Dates: From '18� To:
Agency Name Lo[)yjk I OP 0(-t1y1QP-J Dhr) W GtU h,-- Airpt)ri
Contact Person ,inn kro Telephone (qL4 252-566-1
Original Contract Amount $ W5 ,W, -Final Contract Amount $ 3SS y g�
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
T. E. Inc. -S Pres 16( erg
Bidder Authorized Signature/Title
T (m o i-hy rzv b -e r-+ 5
13
Principal in Charge
TIMOTHY ROBERTS
General Engineering Contractor
License A, #603008
RESUME
Over thirty-six 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
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of{(L)
T i mtilh Q TTR obey fS being first duly sworn, deposes and says that he or she is
P r e s I em f of T. E- /Zobp r f 6 I n f- - , 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 e f Calif na the foregoing is true and correct.
T E. Lbe rf s Inc,. pr f
Bidder Auth�oni � Si ro�tu�re/-Itle
Subscribed and sworn to (or affirmed) before me on this 18� day of KQ, , 2019
by T f YY1 of hi IZnhe r is 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. C.2�
4� ( �
Notary Public
[SEAL]
My Commission Expires: 2 I '1 -
See :ii tached
Califcl-!,;L, :jurat
14
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202
ISee Attached Document (Notary to cross out lines 1-6 below)
E%5,ee 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 (if 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 attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
KIM E. NEWETT
COMM. #2228431 zz
Notary Public • California O
1 Orange County
M Comm. Ex fres Feb, 7, 2022
Subscribed and sworn to (or affirmed) before me
on this 14 day of 20
by Date Mon h Year
(and (2) )
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence
to be the person(s) who appeared before me.
Signaturea�/tik, �o A��, I
Signature of Notary Public
Seal
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: Signer(s) Other Than Named Above:
Document Date:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
DESIGNATION OF SURETIES
Bidder's name Iz b b c r t S /PL.
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):
50 /V% 5 Erol< ,r C, (A I b & r f5 t) r) liju r a aS6ryi ce s
SOD Santa Aria CrAyiTao Rd
/dnahe A
hU ( LfAbf 114 x'21 0530
Suret�i TravelerSC(t,S)alfV ow?A, Sure -_V Co -
1 1l)IAfa S�UCCY�
�t, avllar qog
//V6VRI, /kA/CE
0r-Oker /}�b InS vv-ar36e- 5Cr-VICe,5
L4(,gS" Mac Ar--hvr cf. 46[70
N e ver p o r- -t- B e a ch , C -A q 2-641D
Andre -vu L i 4416 � a, r q q q 6 23 - /D 419'
15
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name _ T. E. e o b-ert- 5 In( -
Record
n,
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.
16
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2018
2017
2016
2015
2014
Total
2019
No. of contracts
2,!5
77
1' Lf
q U
--
-75-
J 3
y n S
Total dollar
Amount of
Contracts (in
S, q �3
V,7N
Z-0, 1115
15, TX
6,06
/S /2Z
Thousands of $
No. of fatalities
C
O
D
No. of lost
Workday Cases
O
2
I
/
2
No. of lost
workday cases
involving
permanent
transfer to
0
0
D
0
C7
another job 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.
16
Legal Business Name of Bidder S C .
Business Address: 30Ave., Or-A o1 e 44
Business Tel. No.: -7 114 & to a _ OD 7 2 -
State
State Contractor's License No. and
Classification: � Q 3 o b g A C 3 q
Title CQ q
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
rrt
Pasiden-�-
aO J7 n
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
17
CALIFORNIA• • CIVIL •D
¢s�¢ ¢C"¢,o�¢/s�¢�.•_..CY,:. z�.y..�` ..� _�� .�•.�•salc� sa•.a� ...Cz� _.�Gs�¢.aC a�C..C_s�.¢ •..�¢.. ¢ ..¢. ¢... sa �•s�C •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 Gt,a4 6
q)�
On 5-�� �� before me, I� �l�iE 1 V J' t R bh G
Date Here Insert Name and Title of the Officer
personally appeared 'r I M D 4-h�4 fZn lo-&rts
Name(s) of Signer(s)
—W11 ra -4 8411. '
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.
=No
ETT WITNESS my hand and official seal.
�' 28431 Z
alifornia X
Z~`"untyFeb. 7, 2022 Signature i_7, 04
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:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
L riG'cr.'✓:'✓.'✓:v.'�'; ✓6 er�4'✓:" - 6�.� �.1..',•i: �.'✓4' .'i:'•- ✓ rLi-.i•.- �.. -_
02014• Notary• •www.NationalNotary.org1-800-US•-800-876-6827)•-
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name I L . ober-f6 OL
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. I Date Received Saaf�ature
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
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. V—o be r f S nL,
Business Address: '30( W. Ko +e l l a Ave. Ln ji 0lr/, ri
Telephone and Fax Number: T 12 F Z/ q 20O4)2LO
California State Contractor's License No. and Class: Id (9 � Do A C3 y
(REQUIRED AT TIME OF AWARD)
Original Date Issued: q, 21- ° 0 Expiration Date: /D-3 / '-2D
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:
Tlm R-nb�-ts / P[L s i ol -er74- 13nan
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
11"Ihv12nbed,- Pre�idenf 3b i� ka�Fella Ave r),f 8,Oranv e (A IN L 9.0072
J115tin kobe_r-ts 2Lre_f"/a rV 311, VV - Kafell a Ave Uncf B OiAdde LA 7N G69•DD72-
&IM r1,ee. bber-f;,s Ln6a,, Urer 3& A/.Kafella Ave, Ilnif ,Qk-anig L1A ilU 6690072
LJ
Nj (-hbl a.s 9b berg L1CP f reSld&i t 30Y N. &fella 4pe VnIM 6ranQP
0,06 2-
LUIce, KDbert5 U1ce Pres id erg- 366W/Callell,,XZ Unit8Oranye CA 71y 6i�Q-oo7Z
Corporation organized under the laws of the State of �/� f42 �a
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
i I /A
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows: on) y
.Ka I A
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;
_LUlA
Briefly summarize the parties' claims and defenses;
A
Have you ever had a contract terminated by the owner/agency? If so, explain.
.ND
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor co fiance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes /o
20
Are any claims or actions unresolved or outstanding? Yes /No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
til I A
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
T. E . Kobe r Ls I L)c .
Bidder
mothv knherts
(Print name of Owner or President
rati pany)
Pr f
Authorized Signature/Title
r/ m b 4-A. /Z o b �rtS
Pre- SI cJtnf
Title
S -I -i
Date
On before me, LI M & Al,W &f+_, Notary Public, personally appeared
_-i m, o4-hV E_ob er f - -S, who proved to me on the basis of
satisfactory evid6nce 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.
h� I Ce_4
Notary Public in and for said State
My Commission Expires: z'i -2,2
21
(SEAL)
atta
set
^ t
11SOC Ch
CALIFORNIA
• • CIVIL OD
.c�..n ..� •, . c..ca as _a. sa.•,. c_s�•.�, c�. _m .� _v,...� ..a _ s�...� ..� _. e_� _ . o � _c�._sa•_� _�c..c� .a �.r.T ,.� saa..� ..oa... esu .�•..� _.�._.�c_s� .
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 Or oG(P q)�
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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.
KIM E. NEWETT
COMM. #2228431 z
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Notary Public - California oZOrange County -•
M Comm. Expire Feb, 7, 2022
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature �P�(/�1 C �v�
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
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Title or Type of Document:
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❑ Corporate Officer — Title(s):
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Signer Is Representing:
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Signer Is Representing:
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City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
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 Ratinq 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.
22
WATER TRANSMISSION MAIN VALVE REPLACEMENT
CONTRACT NO. 7539-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day
of May, 2019 ("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 West 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: The work
necessary for the completion of this contract consists of: Removal of existing 16 -
inch, 18 -inch, and 30 -inch transmission water main; Removal of existing 16 -inch,
18 -inch, and 30 -inch transmission water valves; Demolition of existing valve vaults,-
Construction
aults;Construction of 16 -inch, 18 -inch, and 30 -inch Cement Mortar Lined & Coated (CML
& C) transmission main including all appurtenances, fittings, services and
connections to the existing water system; Construction of 16 -inch, 18 -inch, and 30 -
inch butterfly transmission valves; Construction of 6" fire hydrant assemblies (the
"Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 7539-1, 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 Seven Hundred Forty Nine Thousand Nine Hundred Thirty
Three Dollars ($749,933.00).
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 West Katella Avenue, Unit B
Orange, CA 92867
T.E. Roberts, Inc. Page 3
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
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 and all persons and entities owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services shall not be responsible in
any manner for any loss or damage to any of the materials or other things used or
employed in performing the Project or for injury to or death of any person as a result of
Contractor's performance of the Work required hereunder, or for damage to property from
any cause arising from the performance of the Project and/or Services by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees,
volunteers and any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services contemplated by this
Contract (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.
T.E. Roberts, Inc. Page 6
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
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 seg., 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
T.E. Roberts, Inc. Page 7
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
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
T.E. Roberts, Inc. Page 8
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
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: oil
By: v
FottAaron C. Harp CMZ
City Attorney
ATTEST:
Date:
By:i I. `
Lei anBrown
City Clerk
W
N CIFO94T.�O
CITY OF NEWPORT BEACH,
a California municipal corporation // S
Date-
By:
Diane B. Dixon
Mayor
CONTRACTOR: T.E. Roberts, Inc., a
California corporation
Date:
Signed in Counterpart
By:
Timothy Roberts
President
Date:
Signed in Counterpart
Justin Roberts
Secretary
[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 ATTORN Y'S OFFICE
Date: -2 p [ q
By:
06 &
F00. Aaron C. Harp ►� �.t�
City Attorney SI 19
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONTRACTOR: T.E. Roberts, Inc., a
California corporation
Date:
Timothy Roberts
President
Date:
By:
ustin Roberts
Secretary
[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. 107040457
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 The work necessary
for the completion of this contract consists of: Removal of existing 16 -inch, 18 -inch, and
30 -inch transmission water main; Removal of existing 16 -inch, 18 -inch, and 30 -inch
transmission water valves; Demolition of existing valve vaults; Construction of 16 -inch,
18 -inch, and 30 -inch Cement Mortar Lined& Coated (CML & C) transmission main
including all appurtenances, fittings, services and connections to the existing water
system; Construction of 16 -inch, 18 -inch, and 30 -inch butterfly transmission valves;
Construction of 6" fire hydrant assemblies 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
Seven Hundred Forty Nine Thousand Nine Hundred Thirty Three Dollars ($749,933.00)
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 6TH day of JUNE , 20 19 .
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 OFFICE
Date: 13 2-01q
By:_,�
f�oe:Aaron C. Harp
City Attorney
Authorized Signature//TitleT�'"`
1
AuthorizedAgen Signature
CHARLES L. FLAKE,ATTORNEY-IN-FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
T.E. Roberts, Inc. Page A-2
AND SURETY MUST BEA TTA CHED
T.E. Roberts, Inc. Page A-3
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 JUnt t- , 20_IA_ before me, K I vY1 Kle-y\! e- 4 -4 -
Notary Public, personally appeared :ZIMn+fA\!
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.
X�4- � xw'��
Signature
KIM E. NEWETT
COMM. #2228431 zz
Zz Notary Public • California o
Orange County
M Comm. Expires Feb. 7, 2022
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 I 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-4
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 Oran
On 6/6/19
Date
before me, Erin A. Sherwood
Insert Name of Notary exactly as it appears on the official seal
personally appeared Charles L. Flake
Name(s) of Signer(s)
Z" My Comm. Expires Jul 6, 20194
, 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 of Notary Public Erin A. 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 ❑ 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:
ERIN A. SHERWOOD
_1
Commission # 2118628
Notary Public - California z
v
Z" My Comm. Expires Jul 6, 20194
, 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 of Notary Public Erin A. 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 ❑ 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
AM 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.
up�Yq
.C, M^„�tiACJy� 0J*�tY Aryls 5
iiATF6RWoP FiACROTfNCONN.
N.G9�
t
• f �N J�
State of Connecticut
By:� f-,�-.-
City of Hartford ss. Robert L. Raney, Se for 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.
6.T�
My Commission expires the 30th day of June, 2021 TAq
c j0ueuo� Marie C. Tetreault, Notary Public
C7'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 6th day of June , 2019
'��"'y'rC 9JP`lr Alyp eo
HARTFORD,! y�CCONN. o+ V'�S
f
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3886.
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
CITY OF NEWPORT BEACH
BOND NO. 107040457
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 7,150
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 The work necessary
for the completion of this contract consists of: Removal of existing 16 -inch, 18 -inch, and
30 -inch transmission water main; Removal of existing 16 -inch, 18 -inch, and 30 -inch
transmission water valves; Demolition of existing valve vaults; Construction of 16 -inch,
18 -inch, and 30 -inch Cement Mortar Lined& Coated (CML & C) transmission main
including all appurtenances, fittings, services and connections to the existing water
system; Construction of 16 -inch, 18 -inch, and 30 -inch butterfly transmission valves;
Construction of 6" fire hydrant assemblies 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 Seven
Hundred Forty Nine Thousand Nine Hundred Thirty Three Dollars ($749,933.00) 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
T.E. Roberts, Inc. Page B-1
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF,
and Surety above named, on the
T.E. ROBERTS, INC.
Name of Contractor (Principal)
this instrument has been duly executed by the Principal
6TH day of JUNE ,20 19
1 � est-
Authorized Signature/Title
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA
Name of Surety
ONE TOWER SQUARE
DIAMOND BAR, CA 06183
Address of Surety
(909) 612-3675
Telephone
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: by to
By:
OL,L law
f.*(Aaron C. Harp
City Attorney
orized ent Signature
CHARLES L. FLAKE,ATTORNEY-IN-FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
T.E. Roberts, Inc. Page B-2
CONTRACTOR AND SURETY MUST BE ATTACHED
T.E. Roberts, Inc. Page 6-3
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 Inr&o i? }ss.
On J wn-e to 20_14_ before me, Kinn W 4
Notary Public, personally appeared ':Imo-kh.�1 V'nlaeY--f 71
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.
Si nature
KIM E. NEWETT
o COMM. #2228431 z
Z Notary Public • California �
Orange County
ires
Comm. Ex Feb. 7, 2022
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
(seal)
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
T.E. Roberts, Inc. Page B-4
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 6/6/19 before me,
Erin A. Sherwood Notary Public,
Date
Insert Name of Notary exactly as it appears on the official seal
personally appeared Charles L. Flake
Name(s) of Signer(s)
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),
v _
♦ERIN A. SHERWOOD
and that by his/her/their signature(s) on the instrument the
;• Commission # 2118628
person(s), or the entity upon behalf of which the person(s)
Notary Public - California Z
acted, executed the instrument.
Z ' h. Orange Cow-,ty
My Comm. Expires Jul 6, 2019
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
Signatur-e-07 Notary Public Erin A. 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(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer—Title(s):
❑ Corporate Officer—Title(s):
❑ Partner ❑ Limited ❑ General
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact RIGATTA1111IPM
❑ Attorney in Fact
❑ Trustee OF
❑ Trustee OF
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other:
❑ Other:
Signer is Representing:
Signer is Representing:
Travelers Casualty and Surety Company of America
AM 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.
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�Nt0�9fry� J*�YY ANO iii
4 aG �T
UP 9
HARTFORD m
CONN. a MORD, 0 C(
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74b1 a�ya �I,p
State of Connecticut '
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. a T�
My Commission expires the 30th day of June, 2021 C
o p4tp * Marie C. Tetreault, 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 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 6th day of June , 2019
�!%'��nY QJa�1Y ANp��i5
G9 4
m
HSRTFORD, � ="P
HARTFORD, + � 0woun
GOtNt. Q m CONN. o
Kevin E. Hughes, Assistant 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 -Pact 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, volunteers, and any person or entity owning or
otherwise in legal control of the property upon which Contractor performs
the Project and/or Services contemplated by this Contract. Contractor shall
submit to City, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of City, its elected or appointed officers,
agents, officials, employees, volunteers, and any person or entity owning or
otherwise in legal control of the property upon which Contractor performs
the Project and/or Services contemplated by this Contract.
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
T.E. Roberts, Inc. Page C-1
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees,
volunteers, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Contract or shall specifically allow Contractor or others
providing insurance evidence in compliance with these requirements to
waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express
waivers and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees,
volunteers, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Contract shall be included as additional insureds
under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees,
volunteers, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Contract. Any insurance or self-insurance maintained
by City shall be excess of Contractor's insurance and shall not contribute
with it.
T.E. Roberts, Inc. Page C-2
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. City reserves the right to require complete, certified copies of all
required insurance policies, at 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
T.E. Roberts, Inc. Page C-3
provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self-insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
T.E. Roberts, Inc. Page C-4
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.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
T.E. Roberts, Inc. Page C-5
Reyes, Raymund
From: City of Newport Beach via EXIGIS Insurance Compliance Services <certificates-
NewportBeach@riskworks.com>
Sent: Tuesday, July 23, 2019 2:16 PM
To: Reyes, Raymund
Subject: City of Newport Beach: Notice of Compliance for T.E. ROBERTS, INC.
Dear Business Partner,
The insurance documentation submitted on behalf of T.E. ROBERTS, INC. satisfies the minimum insurance
requirements for City of Newport Beach and has been verified as compliant.
No further action is required at this time. You will receive a renewal notice requesting updated insurance
documents in advance of expiration.
If you have any questions, please contact EXIGIS Risk Management Services at supportkexi is.com or 800-
430-1589.
Thank you for your cooperation and timely fulfillment of this important request.
Sincerely,
EXIGIS Risk Management Services
On behalf of City of Newport Beach
800-430-1589
support@exi ig s.com
Organizational Unit: City of Newport Beach -> Public Works
Agreement Name: WATER TRANSMISSION MAIN VALVE REPLACEMENT
Agreement Number: C-7539-1
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT
Contract No. 7539-1
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. 7539-1 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:
S -H I
Date
T IN (10q-WIE P �)H 7 -b 1
Bidder's Telephone and Fax Numbers
( OQ3 A. Q
Bidder's License No(s).
and Classification(s)
7- E. V-ob&rfiS, In c -
Bi er
- -- P
Bidder's Autho�zed Signature and Title
r1 rno-rny o be -r S
30( w. Katella he. I �nif 8, Di-ma�e- Cil
Bidder's Address — g2g67
Bidder's email address: frob�-rts(Oferobe rtS. Conn
PR -1
City of Newport Beach
Page 1
WATER TRANSMISSION MAIN VALVE REPLACEMENT (7539-1),
bidding on May 2, 2019 10:00 AM (Pacific)
Printed 05/02/2019
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 estimating@teroberts.com
Vendor Type DGS,CADIR
License # 603008
CADIR 1000000280
Bid Detail
Bid Format Electronic
Submitted May 2, 2019 9:26:17 AM (Pacific)
Delivery Method
Bid Responsive
Bid Status Submitted
Confirmation # 176944
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
File Type
TER Bid docs
NB Bid docs.pdf
General Attachment
TER Bid Bond
NB BB.pdf
Bid Bond
Line Items
Type Item Code UOM
Qty
Unit Price
Line Total Comment
Section 1
1 Mobilization and Demobilization
LS
1
$17,533.00
$17,533.00
2 Traffic Control
LS
1
$16,500.00
$16,500.00
3 Excavation Safety
LS
1
$11,000.00
$11,000.00
4 Traffic Striping
LS
1
$12,000.00
$12,000.00
5 Surveying Services
LS
1
$3,000.00
$3,000.00
City of Newport Beach
WATER TRANSMISSION MAIN VALVE REPLACEMENT (7539-1), bidding on May 2, 2019 10:00 AM (Pacific)
Bid Results
Type Item Code UOM Qty Unit Price
6 Provide As -Built Plans
Subcontractors
Name & Address Description
Traffic Loops Crackfilling, Inc. Traffic Loops
946 S. Emerald Street
Anaheim, CA 92804
United States
Orange County Striping Striping
Service
183 N Pixley St
Orange, CA 62868
United States
25
85
8
2
7
1
28
6
30
11
1
1
License Num
652956
346095
$5,000.00
Subtotal
$1,600.00
$1,900.00
$5,000.00
$6,800.00
$7,900.00
$28,000.00
$1,500.00
$18,500.00
$1,100.00
$10,500.00
$40,000.00
$5,000.00
Subtotal
Total
CADIR
1000003794
1000005547
Page 2
Printed 05102!2019
Line Total Comment
$5,000.00
$65,033.00
$40,000.00
$161,500.00
$40,000.00
$13,600.00
$55,300.00
$28,000.00
$42,000.00
$111,000.00
$33,000.00
$115,500.00
$40,000.00
$5,000.00
$684,900.00
$749,933.00
Amount Type
$6,600.00 DGS,DBE,CADIR
$10,465.00
LS
Water Main and Valve Improvements
7
16 -inch CML&C Steel Pipe
LF
8
18 -inch CML&C Steel Pipe
LF
9
30 -inch CML&C Steel Pipe
LF
10
16 -inch Butterfly Valve
EA
11
18 -inch Butterfly Valve
EA
12
30 -inch Butterfly Valve
EA
13
Connect to Existing Water Main
EA
14
6 -inch Fire Hydrant Assembly
EA
15
Remove Existing Concrete Cylinder Pipe (16", 18"& 30")
LF
16
Remove Existing Vaults
EA
17
Pothole Crossing Utilities
LS
18
Pressure Test, Disinfect and Flush New Water Mains
LS
Subcontractors
Name & Address Description
Traffic Loops Crackfilling, Inc. Traffic Loops
946 S. Emerald Street
Anaheim, CA 92804
United States
Orange County Striping Striping
Service
183 N Pixley St
Orange, CA 62868
United States
25
85
8
2
7
1
28
6
30
11
1
1
License Num
652956
346095
$5,000.00
Subtotal
$1,600.00
$1,900.00
$5,000.00
$6,800.00
$7,900.00
$28,000.00
$1,500.00
$18,500.00
$1,100.00
$10,500.00
$40,000.00
$5,000.00
Subtotal
Total
CADIR
1000003794
1000005547
Page 2
Printed 05102!2019
Line Total Comment
$5,000.00
$65,033.00
$40,000.00
$161,500.00
$40,000.00
$13,600.00
$55,300.00
$28,000.00
$42,000.00
$111,000.00
$33,000.00
$115,500.00
$40,000.00
$5,000.00
$684,900.00
$749,933.00
Amount Type
$6,600.00 DGS,DBE,CADIR
$10,465.00
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
,U
���fioRN%
ADDENDUM NO. 1
WATER TRANSMISSION MAIN VALVE REPLACEMENT
CONTRACT NO. 7539-9
DATE: April 16, 2019 BY:
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the contract
documents — all other conditions shall remain the same.
PROPOSAL
Revise Item No. 7 from 35 LF to 25 LF.
Revise Item No. 8 from 130 LF to 85 LF.
Revise Item No. 9 from 20 LF to 8 LF.
Revise Item No. 13 from 42 EA to 28 EA.
Revise Item No. 14 from 10 EA to 6 EA.
Revise Item No. 15 from 100 LF to 30 LF.
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-. obeHs1_ 0C .
Bidder's Name (Please Print)
Authorized Signature & Title
t i m o -t -h y Kxb-er- fs
f.\users1pbwlsharedlcontractsUy78-19 current projects1800 - waterltransmission main valves replacement—c-7539-1 18w12\addendum no. 1.doc
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
WATER TRANSMISSION MAIN VALVE REPLACEMENT
CONTRACT NO. 7539-1
PART 1 - GENERAL PROVISIONS
1
SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1
1-2 TERMS AND DEFINITIONS 1
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
2-9.2 Survey Service
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
5-4 RELOCATION
1
1
2
2
2
2
2
3
3
3
3
3
3
4
4
4
4
4
4
4
4
5
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5
6-1.1 Construction Schedule 5
6-7 TIME OF COMPLETION 5
6-7.1 General 5
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7
6-9 LIQUIDATED DAMAGES 7
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES g
7-1.2 Temporary Utility Services 8
7-2 LABOR 8
7-2.2 Prevailing Wages 8
7-5 PERMITS
8
7-7 COOPERATION AND COLLATERAL WORK
8
7-8 WORK SITE MAINTENANCE
9
7-8.4 Storage of Equipment and Materials
9
7-8.4.2 Storage in Public Streets
9
7-8.6 Water Pollution Control
9
7-8.6.2 Best Management Practices (BMPs)
9
7-10 SAFETY
9
7-10.3 Haul Routes
9
7-10.4 Safety
10
7-10.4.1 Work Site Safety
10
7-10.5 Security and Protective Devices
10
7-10.5.3 Steel Plate Covers
10
SECTION 9 - MEASUREMENT AND PAYMENT
10
9-2 LUMP SUM WORK
10
9-3 PAYMENT
10
9-3.1 General
10
9-3.2 Partial and Final Payment.
13
PART 2 - CONSTRUCTION MATERIALS
14
SECTION 200 — ROCK MATERIALS
14
200-2 UNTREATED BASE MATERIALS
14
200-2.1 General
14
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
14
201-1 PORTLAND CEMENT CONCRETE
14
201-1.1 Requirements
14
201-1.1.2 Concrete Specified by Class and Alternate Class
14
201-2 REINFORCEMENT FOR CONCRETE
14
201-2.2 Steel Reinforcement
14
201-2.2.1 Reinforcing Steel
14
SECTION 203 — BITUMINOUS MATERIALS
15
203-5 SLURRY SEAL
15
203-5.1 General
15
203-5.4 Emulsion -Aggregate Slurry (EAS)
15
203-5.4.1 General
15
203-5.4.2 Materials
15
203-6 ASPHALT CONCRETE
15
203-6.5 Type III Asphalt Concrete Mixtures
15
SECTION 209 — PRESSURE PIPE
16
209-2 STEEL PIPE AND FITTINGS
16
209-2.2 Fabricated Steel Pipe and Fittings
16
209-2.2.1 Materials
16
209-2.2.2 Submittals
16
209-2.2.4 Joints
17
209-2.2.6 Welding
17
SECTION 212 — WATER AND SEWER SYSTEM VALVES AND APPURTENANCES
17
212-5 VALVES
17
212-5.2 Butterfly Valves
17
212-5.2.1 General
17
SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 18
214-4 PAINT FOR STRIPING AND MARKINGS 18
214-4.1 General
18
214-6 PAVEMENT MARKERS
18
214-6.3 Non -Reflective Pavement Markers
18
214-6.3.1 General
18
214-6.4.1 General
18
SECTION 215 - TRAFFIC SIGNS
19
PART 3 - CONSTRUCTION METHODS
19
SECTION 300 - EARTHWORK
19
300-1 CLEARING AND GRUBBING
19
300-1.3 Removal and Disposal of Materials
19
300-1.3.1 General
19
300-1.3.2 Requirements
20
SECTION 302 - ROADWAY SURFACING
20
302-4 SLURRY SEAL SURFACING
20
302-4.8 Spreading and Application
20
302-4.9 Field Sampling and Testing
20
302-5 ASPHALT CONCRETE PAVEMENT
20
302-5.1 General
20
302-5.8 Manholes (and Other Structures)
21
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
21
302-6.7 Traffic and Use Provisions
21
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
21
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
22
DRIVEWAYS
21
303-5.1 Requirements
21
303-5.1.1 General
21
303-5.5 Finishing
21
303-5.5.1 General
21
303-5.5.2 Curb
21
303-5.5.4 Gutter
22
303-7 COLORED CONCRETE
22
303-7.1 General
22
SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION
22
306-8 PREFABRICATED PRESSURE PIPE
22
306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning
22
SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 22
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
22
314-2.1 General
22
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
23
314-4.1 General
23
314-4.2 Control of Alignment and Layout
23
314-4.2.1 General
23
314-4.4.1 General
23
314-4.4.2 Surface Preparation
23
314-5 PAVEMENT MARKERS
24
314-5.1 General
24
SECTION 315 - TRAFFIC SIGN INSTALLATION 24
PART 6 — TEMPORARY TRAFFIC CONTROL 25
SECTION 600 - ACCESS
25
600-1 GENERAL
25
600-2 VEHICULAR ACCESS
25
600-3 PEDESTRIAN ACCESS
25
SECTION 601— WORK AREA TRAFFIC CONTROL
26
601-1 GENERAL
26
601-2 TRAFFIC CONTROL PLAN (TCP)
26
PART 7 — STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
27
SECTION 701— CONSTRUCTION
27
701-17 TRAFFIC SIGNAL CONSTRUCTION
27
701-17.6 Detectors
27
701-17.6.3 Inductive Loop Detectors
27
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
TRANSMISSION MAIN VALVE REPLACEMENT PROJECT
CONTRACT NO. 7539-1
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 -5381-S); (3) the City's Design
Criteria, Standard Special Provisions and Standard Drawings 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 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 a
Class 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.
Page 1 of 27
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 16 -inch, 18 -inch, and 30 -inch transmission water main;
• Removal of existing 16 -inch, 18inch, and 30 -inch transmission water valves;
• Demolition of existing valve vaults;
• Construction of 16 -inch, 18 -inch, and 30 -inch CML&C transmission main
including all appurtenances, fittings, services and connections to the existing
water system;
• Construction of 16 -inch, 18 -inch, and 30 -inch butterfly transmission valves
• Construction of 6" fire hydrant assemblies
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete the second paragraph and replace with the following: The Contractor shall submit
to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey
monuments which may be disturbed. 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.
Page 2 of 27
2-9.2 Survey Service
Delete this section and replace with the following: 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. No survey was completed before design. Any surface features shown on
plans were sourced from as -built plans and field observation. 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 the City 48 -hours in advance of any work.
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.
Page 3 of 27
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
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.
Page 4 of 27
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 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 120 consecutive working
days after the date on the Notice to Proceed. The Contractor shall ensure the availability
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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.
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.
Night Work
For those locations where night work is allowed in order to minimize disruption to the
community, the following requirements shall apply:
A. Night work hours shall be considered to be from 7:00 p.m. to 6:00 a.m.,
Sunday night through Friday morning. No work is allowed Friday or
Saturday nights.
B. The Engineer must approve all requests for night work.
C. The Contractor shall notify the Engineer two weeks prior to the start of any
requested night work.
D. Removals, and work that will generate loud noise shall be scheduled within
the first few hours of the work shift.
Night Work Locations:
• Eastbluff Drive & Jamboree Road (Plan sheet 3)
• San Joaquin Hills Road (Plan sheet 9 through 12)
Sequence of Work.-
1.
ork:
1. San Joaquin Hills Road
2. Eastbluff Drive
(Plan sheet 6 — 8) — These locations along Eastbluff Drive shall be done during school summer
break in order to avoid morning drop-off and afternoon pick-up commuter times.
The following days are designated City holidays and are non -working days:
1. January 1St (New Year's Day)
Page 6 of 27
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 11 th (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.
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 $1,000.
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.
Page 7 of 27
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 replace with the following: "An OSHA permit
to perform excavation or trench work will be required for this project and shall be the
responsibility of the Contractor to obtain prior to start of work. The City's NPDES permit
for dewatering can be utilized for this project. The Contractor's dewatering operations
shall conform with all requirements of the California Regional Water Quality Control
board, Santa Ana Regional Waste Discharge Permit for Construction Dewatering issued
to the City."
7-7 COOPERATION AND COLLATERAL WORK
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.
Page 8 of 27
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
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.
7-8.6 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.
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.
7-10 SAFETY
7-10.3 Haul Routes
Haul routes shall be submitted to the Engineer for review and approval.
Page 9 of 27
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 Security and Protective Devices
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.
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.
PSM J_ Vi 1=1 `kA
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 requested by the Engineer, 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
Page 10 of 27
including but not limited to site cleanup, removal of USA markings and providing any
required documentation as noted in these Special Provisions.
Item No. 2 Traffic Control: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for delivering all required notifications and
temporary parking permits, posting signs, covering conflicting existing signs, and all costs
incurred notifying businesses and residents, preparing traffic control plans, providing the
traffic control required by the project including, but not limited to, signs, cones, barricades,
flashing arrow boards, K -rails, temporary striping, and flag persons. This item includes
providing four CMBs and updating messages on the CMBs as requested by the Engineer.
This item also includes furnishing all labor, tools, equipment and materials necessary to
comply with the W.A.T.C.H. Manual, latest edition, and City 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, but not be limited to,
all labor, tools, equipment and material costs for removing existing pavement striping and
markers, installing temporary and permanent pavement striping, markings and markers,
restoring all existing improvements damaged by the work, and all other work items as
required to complete the work in place.
Item No. 5 Surveying Services: Work under this item shall include, but not be limited
to, all labor, tools, equipment and material costs of surveying, establishing horizontal and
vertical controls, providing construction staking, establishing centerline ties, adjusting
survey monuments, filing pre- and post -construction corner records with the county,
reestablishing property corners disturbed by the work, preparing record of survey,
protecting and restoring existing monuments and other survey items as required to
complete the work in place.
Item No. 6 Provide As -Built Plans. 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 -build drawings.
Item No. 7 16 -inch CML&C Steel Pipe: Work under this item shall include, but not
be limited to, all labor, tools, equipment and material costs for removing and disposing
existing pavement and conflicting improvements, temporary and permanent support and
protection of existing utilities, potholing and exposing utilities in advance of work,
excavating, temporary patching or plating, controlling ground and surface water,
trenching, shoring, bracing, grading, compacting, furnishing and installing 16 -inch
Page 11 of 27
CML&C water main including thrust blocks, installing metallic warning and locator tape,
placing bedding and backfill material, repaving to match existing pavement structural
section, restoring all existing improvements damaged by the work, and all other work
items as required to complete the work in place.
Item No. 8 18 -inch CML&C Steel Pipe: Work under this item shall include, but not
be limited to, all labor, tools, equipment and material costs for removing and disposing
existing pavement and conflicting improvements, temporary and permanent support and
protection of existing utilities, potholing and exposing utilities in advance of work,
excavating, temporary patching or plating, controlling ground and surface water,
trenching, shoring, bracing, grading, compacting, furnishing and installing 18 -inch
CML&C water main including thrust blocks, installing metallic warning and locator tape,
placing bedding and backfill material, repaving to match existing pavement structural
section, restoring all existing improvements damaged by the work, and all other work
items as required to complete the work in place.
Item No. 9 30 -inch CML&C Steel Pipe: Work under this item shall include, but not
be limited to, all labor, tools, equipment and material costs for removing and disposing
existing pavement and conflicting improvements, temporary and permanent support and
protection of existing utilities, potholing and exposing utilities in advance of work,
excavating, temporary patching or plating, controlling ground and surface water,
trenching, shoring, bracing, grading, compacting, furnishing and installing 30 -inch
CML&C water main including thrust blocks, installing metallic warning and locator tape,
placing bedding and backfill material, repaving to match existing pavement structural
section, restoring all existing improvements damaged by the work, and all other work
items as required to complete the work in place.
Item No. 10 16 -inch Butterfly Valve: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for furnishing and installing a 16 -
inch ductile iron butterfly valve including the valve operator, valve box and cover and valve
extension, restoring all existing improvements damaged by the work, and all other work
items as required to complete the work in place.
Item No. 11 18 -inch Butterfly Valve: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for furnishing and installing a 18 -
inch ductile iron butterfly valve including the valve operator, valve box and cover and valve
extension, restoring all existing improvements damaged by the work, and all other work
items as required to complete the work in place.
Item No. 12 30 -inch Butterfly Valve: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for furnishing and installing a 30 -
inch ductile iron butterfly valve including the valve operator, valve box and cover and valve
extension, restoring all existing improvements damaged by the work, and all other work
items as required to complete the work in place.
Item No. 13 Butt -Strap Connection to Existing Water Main: Work under this item
shall include furnishing and installing all pipe material to connect the new pipeline to the
existing water main including, but not limited to, butt straps, removal, abandoning, or
Page 12 of 27
protection of interfering portions of existing utilities or improvements, temporary and
permanent support of utilities, disposal of excess excavation materials and all other work
items as required to complete the work in place.
Item No. 14 Construct 6 -Inch Fire Hydrant Assembly: Work under this item shall
include installing anew fire hydrant assembly in accord with City of Newport Beach STD -
500 -L, including but not limited to fire hydrant, fire hydrant bury, valve, valve box and cast
Iron traffic cover, valve extension, removal and replacement of existing sidewalk per CNB
STD -180-L and all other work items as required to complete the work in place.
Item No. 15 Remove Existing Reinforced Concrete Cylinder Pipe (16", 18" & 30"):
Work under this item shall include furnishing all labor, materials and equipment to remove
and dispose of the existing reinforced concrete cylinder pipe in accordance with local,
state and federal regulations and all other work items as required to complete the work in
place.
Item No. 16 Remove Existing Vaults: Work under this item shall include removing
existing vaults, including but not limited to removal of the existing vault, lid, internal piping,
valves, and appurtenances, capping of any piping to remain in service, backfill and
surface restoration and all other work items as required to complete the work in place.
Item No. 17 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. 18 Pressure Test, Disinfect and Flush Water Main: Work under this item
shall include successfully pressure testing, disinfecting and flushing the new water mains
per the project specifications.
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.
Page 13 of 27
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.
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SECTION 203 — BITUMINOUS MATERIALS
203-5 SLURRY SEAL
203-5.1 General
Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to 203-5.4.
203-5.4 Emulsion -Aggregate Slurry (EAS)
203-5.4.1 General
Emulsion -aggregate slurring (EAS) shall be Type I-CQS-1 h conforming to 203-3
203-5.4.2 Materials
203-5.4.2.2 Emulsified Asphalt
Emulsified asphalt shall be of quick set type.
203-5.4.2.4 Latex
Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc.,
or equal approved by the Engineer in advance of ordering the latex additive. It shall be added
to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2Y2 percent
of weight of the emulsified asphalt. Latex -added emulsified asphalt shall be kept in a
suspended state by an agitating mixer and mixed every three days.
203-6 ASPHALT CONCRETE
203-6.5 Type III Asphalt Concrete Mixtures
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).
Page 15 of 27
SECTION 209 — PRESSURE PIPE
209-2 STEEL PIPE AND FITTINGS
209-2.2 Fabricated Steel Pipe and Fittings
209-2.2.1 Materials
Delete rows in table section titled "Minimum Wall Thickness" and replace with the
following: "Steel cylinders shall have a wall thickness of not less than %-inch for all pipe
diameters. In diameters up to 12 -inches, the Contractor may substitute standard diameter
pipe per ASTM A53, "Welded and Seamless Steel Pipe." It shall have a wall thickness
known as Schedule 40."
209-2.2.2 Submittals
Delete paragraph beginning with, "Prior to fabricating pipe... ". Replace with the following:
"Only manufacturers who manufacture a complete lined and coated pipe can be qualified
for this work. All pipe manufacturing operations shall be performed at the same location
for all pieces of pipe. All steel pipe shall be manufactured by organizations with at least
ten years successful experience manufacturing, fabricating, lining and coating of the type
of pipe specified. The City shall approve the manufacturer's product before its use. Prior
to fabrication of pipe, the Contractor shall submit for approval detailed shop drawings of
the steel pipe and outlets to be attached to the pipe, and all fabricated fittings to be
incorporated in the pipeline, together with erection profile drawings showing:
Materials of construction, including references to industry standards being met
(i.e. ASTM, ANSI, AWWA).
2. Inside diameter, steel wall thickness, internal design pressure (cement -mortar
lining thicknesses) for each class of pipe to be furnished.
3. The location, length, plate thickness and designation by number of each steel
pipe section and fabricated fitting to be furnished and installed;
4. The pipe axis station and elevation at all changes in gradient or horizontal
alignment;
5. The station and invert elevation to which the spigot end of each pipe, within the
limits of a horizontal or vertical curve, will be laid;
6. All elements of curves and bends, both in horizontal and vertical alignment,
including elements of the resultant true angular deflections in all cases of
combined curvature, and inside, outside, and centerline chords,
7. Locations of longitudinal and circumferential joints in the pipe, fabricated
fittings, flanges and outlets;
8. Details, locations, and calculations for bulkheads for hydrostatic testing of the
pipeline, pipe restraints;
Page 16 of 27
9. Limits of each type of field welded joint and of concrete encasements; and
10. Alignment data in the direction of stationing."
209-2.2.4 Joints
Delete the types of joints and replace with the following:
1. Lap joints for field welding.
2. Plain ends fitted with butt straps for field welding. Hand holes for butt straps
shall be a minimum of six (6) inches in diameter.
3. Plain ends fitted with flanges. Flanges shall be AWWA C207, Class D flat face."
209-2.2.6 Welding
Add to the first paragraph: "Field hand welding shall be done by certified welders in
accordance with the latest edition of AWWA C206 by welders qualified under the standard
qualification procedure of the ASME Boiler and Pressure Vessel Code, Section IX,
Welding Qualifications."
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 B16.1
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.
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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.
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.
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SECTION 215 - TRAFFIC SIGNS
Signs shall be standard size per the California MUTCD unless otherwise shown.
Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (08
inch thickness).
New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2
Y4 inch unistrut (OD) base.
Sign mounting hardware and brackets shall be stainless steel. Unless otherwise
specified, mounting hardware shall be 5/16"-18.
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 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.
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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.
SECTION 302 - ROADWAY SURFACING
302-4 SLURRY SEAL SURFACING
302-4.8 Spreading and Application
Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the
surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or
pedestrians upon slurry that has not been sufficiently cured, the Contractor shall replace all
of the damaged work at the Contractor's expense and no additional compensation shall be
made by the City. Upon the completion of the day's slurry seal or seal coating, streets and
parking lots shall be temporarily striped within 24 hours. Final striping shall be installed no
more than ten (10) working days after placement of slurry seal.
Prior to applying slurry seal, the Contractor shall clean all work surfaces and remove all
loose materials, vegetation, oil, and other foreign material. Additionally, all locations with
weeds shall be treated by an approved weed -killer before any slurry seal is applied.
302-4.9 Field Sampling and Testing
Upon the Engineer's direction, the Contractor shall slurry seal test sections within the
construction limits for each batch of slurry seal mix. The Contractor shall apply the slurry
seal test sections as directed by the Engineer. No slurry seal shall be applied until the test
slurry seal sections have been approved the Engineer. The costs of these slurry seal tests
shall be included in the contract price paid for slurry seal and no additional compensation
shall be made by the City to the Contractor. Field samples that do not meet the requirements
of Table 302-4.9.1 shall be re -tested. The Contractor shall be responsible for all cost
associated with the re -testing.
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
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,
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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.
302-5.8 Manholes (and Other Structures)
All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to
pavement cold milling. Upon completion of asphalt concrete finish course, the top of
manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the
smoothness requirement as specified in 302-5.6.2.
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
302-6.7 Traffic and Use Provisions
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 systems
shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72
hours following concrete placement.
303-5.5 Finishing
303-5.5.1 General
Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private
property at locations shown on the plans in a manner that matches the adjoining existing
private property in structural section, texture and color."
303-5.5.2 Curb
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
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(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
306-8 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.
1. Contractor shall pressure test new main lines including any services prior to
disinfection.
2. 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.
3. 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
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
314-2.1 General
The Contractor shall remove all existing thermoplastic traffic striping and pavement
markings prior to application of slurry seal by a method approved by the Engineer.
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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.
Upon completion of AC base course, temporary striping shall be installed.
314-4.2 Control of Alignment and Layout
314-4.2.1 General
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.
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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.
SECTION 315 - TRAFFIC SIGN INSTALLATION
Location of traffic signs shown on plans is approximate and shall be approved by the City
prior to installation. Signs shall be installed at a clear height of seven feet at minimum
unless otherwise shown on plans.
Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt.
Contractor shall USA location prior to installing sign.
Anti -seize lubricant shall be applied to hardware/fasteners prior to installation.
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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.
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SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, up to four (2) 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.
Additionally, steel plates utilized for trenching shall be slip resistant type per Caltrans
standards and capable of carrying H-20 wheel loading. Plates shall have minimum width
equal to the excavation width plus 24 inches. In addition, steel plates on asphalt
pavement shall be pinned and recessed flush with existing pavement surface.
601-2 TRAFFIC CONTROL PLAN (TCP)
The contractor shall coordinate with the City who will prepare traffic control and detour
plans prior to the pre -construction meeting. The Contractor shall adhere to the conditions
of the traffic control plan. All traffic control shall adhere to the provisions as defined in the
latest available edition of WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H).
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. At a minimum, the Contractor shall maintain one lane of traffic in each direction
at all times when completing the work.
5. Sidewalk closures in non-residential areas, or as determined by the City, shall
be set with barricades and SIDEWALK CLOSED signs on barricades at the
closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at
the closest crosswalk or controlled intersection.
6. Sidewalk closures in residential areas, or as determined by the City, shall be
set with barricades and SIDEWALK CLOSED signs on barricades at the
closure.
7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE
CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs
mounted on barricades in order on the approach and at the closure.
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8. All unutilized, non -construction related vehicles shall be legally parked.
PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
SECTION 701 — CONSTRUCTION
701-17 TRAFFIC SIGNAL CONSTRUCTION
701-17.6 Detectors
701-17.6.3 Inductive Loop Detectors
All installed loop detectors shall be completely functional to the satisfaction of the
Engineer within five consecutive working days after placement of pavement finish course.
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