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HomeMy WebLinkAboutC-7631-2 - Newport Pier Area Water Main ReplacementApril 13, 2022 Paulus Engineering, Inc. Attn: Jason Paulus 2871 E. Coronado St. Anaheim, CA 92806 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX Subject: Newport Pier Area Water Main Replacement — C-7631-2 Dear Mr. Paulus: newportbeachca.gov On April 13, 2021, 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 April 15, 2021, Reference No. 2021000254391. The American Specialty Insurance Company and the bond is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Orange County Recorder on Surety for the contract is North number is 2282735. Enclosed EXECUTED IN TWO COUNTERPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 2282735 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 25,662 being at the rate of $ 514.40/$8.70/$7.00 PER thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract includes: Balboa Boulevard (River Avenue to 44th Street): The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with Balboa Boulevard within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. 23rd Street: The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with 23rd Street within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. Alleys: The work necessary for the completion of this contract includes: The removal and construction of the 6 -inch and 8 -inch diameter cast iron transmission main replacement on the alleys between 46th Street to 45th Street, 41 st Street to 38th Street, and 31st Street to 23rd Street including all appurtenances, fittings, maintain service, and connections within Balboa Boulevard, River Avenue and Seashore Drive. The work necessary for the completion of this contract includes providing traffic control, and pavement replacement per the Contract Documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and _ NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Six Hundred Fifty One Thousand Six Hundred Seventy Four Dollars ($2,651,674.00) 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 Paulus Engineering, Inc. Page B-1 ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the 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 formai 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 exe 20ed by the Principal and Surety above named, on the 9TH day of JANUARY 20 PAULUS ENGINEERING, INC. _ Name of Contractor (Principal) Authorize ignature/Title J nsen�pK�.q) NORTH AMERICAN SPECIALTY I INSURANCE COMPANY Name of Surety Authorized Aadnt Siitnature 777 S. FIGUEROA ST., STE. 300 LOS ANGELES, CA 90017 Address of Surety CHARLES L. FLAKE/ATT_ORNEY-IN-FACT Print Name and Title Paulus Engineering, Inc. Page B-2 (213) 337-3074 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:_ I I z 7/ Zo-7o By: (LI(-,rn Aaron C. Harp ap City Attorney ot'a NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page B-3 ACKNOWLEDGMENT A notary ublic or other officer completing this certificate erifies only the identity of the individual who signed he document to which this certificate is attached, an not the truthfulness, accuracy, or validity of that ocument. State of C County of On Notary Public, person who proved to me on t subscribed to the within in his/her/their authorize the person(s), or the err ss. 20 before me, basis of satisfactory evidence to be the person(s) whose name(s) is/are istrument and acknowledged to me that he/she/they executed the same \capacity(ies), and that by his/herttheir signatures(s) on the instrument y pon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF 0 paragraph is true and correct. WITNESS my hand and official Signature under the laws of the State of California that the foregoing A notary public or other officer co feting this certificate verifies only the identity of the indlyidual who signed the document to which this cert#icate is attached, and not the truthfulness, accuracy,o validity of that document. State of California County of )SS. On 20 before Notary public, personally appeared proved to me on the basis of satisfactory evidence to subscribed to the within instrument and acknowledged t in his/her/their authorized capacity(ies), and that by his, the person(s), or the entity upon behalf of which the per I certify under PENALTY OF PERJURY under the laws of paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) the person(s) whose name(s) is/are i that he/she/they executed the same their signatures(s) on the instrument s) acted, executed the instrument. of California that the foregoing (seal) ii: III Paulus Engineering, Inc. Page B-4 CALIFORNIA ALL-PURPOSL CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On January 9. 2020 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI ES hand and official seal. CYNTHIAJ. VALENCIA Notary Public - California Orange County ` , Commission k 2305a91 M My Comm. Expires Oct 15, 2023 Sign'to otary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Dale Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officers - /Title -Partner Attorney -In -Fact Trustee Other 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 1/9/2020 before me, Erin Sherwood Notary Public, Data 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 ERIN eMERW000 1 person(s), or the entity upon behalf of which the person(s) COMM. M2i829BB N acted, executed the Instrument. NOTARY PUBLIC CALIFORNIA � rn ORANOECOUNTY I certify under PENALTY OF PERJURY under the laws of MY COMM ENPIflES JULY 09, 2023 the State of California that the foregoing paragraph is true and correct. Witness my hand and official s Signature Place Notary Seal Above SignSlgn rPublic— Erin 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 ana 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 E] Limited E) 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: SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specially Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature off, bond on behalf of each of said Companies, as surely, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9d' of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." Osapllularlllq/ a ♦ BY ,�,,L avCiyr..t(P =1 SEAL .0= Steven P. Anderson. Senlar Vlee President of wnhh,smn l nmrnaunnxl l nxurenre Company a3'SEAL �s';rL 5!t453g I079 "'p,ay & senmr Vice President of North American Specialty lour.... chains, drAMPSIN By '�l•. A, f Michael A. Ito, STG ccc n�esident ofw.sainignin international Insurance Company tWrvwas & senior VIve Preeldrnt of North Accretion Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 19 day of October 12017 . North American Specialty Insurance Company Washington International Insurance Company Slate of Illinois County of Cook as: Chill day of October , 20 17 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OfFICIAI. SEAL M. KENNY done, mi pudic Stam nl gliuui•. My t}tmmisskn bpnus 13IOa9041 M. Kenny, NOlnry Public I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of January , 20 20 t Idrtcy eiob Viae President & Assixt Secretary of Wnshingmn hnrnualininaInwnoa Cmnrynry @ North American Specialty Insurance ComPnoY � N� W �=SRT ..I � A �m P ��a>r�r=taRN� June 21, 2021 Paulus Engineering, Inc. Attn: Jason Paulus 2871 E. Coronado St. Anaheim, CA 92806 Subject: Newport Pier Area Water Main Replacement - C-7631-2 Dear Mr. Paulus: (,n , NowU,it H,! I, I;, id i.n;l.4 un, � �.J4Jad'I �i�),9 tnx n��wp itl,en;.ht i;o.;v On April 13, 2021 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 15, 2021, Reference No. 2021000254391. The Suretv for the bond is North American Specialty Insurance Company and the bond number is 2282735. Enclosed is the Labor & Materials Payment Bond. Sincerelv, Leilani I. Brown, MMC' City Clerk Enclosure EXECUTED IN TWO COUNTERPARTS EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 2282735 LABOR AND MATERIALS PAYMENT BOND PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract includes: Balboa Boulevard (River Avenue to 44th Street): The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with Balboa Boulevard within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. 23rd Street: The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with 23rd Street within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. Alleys: The work necessary for the completion of this contract includes: The removal and construction of the 6 -inch and 8 -inch diameter cast iron transmission main replacement on the alleys between 46th Street to 45th Street, 41 st Street to 38th Street, and 31 st Street to 23rd Street including all appurtenances, fittings, maintain service, and connections within Balboa Boulevard, River Avenue and Seashore Drive. The work necessary for the completion of this contract includes providing traffic control, and pavement replacement per the Contract Documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Six Hundred Fifty One Thousand Six Hundred Seventy Four Dollars ($2,651,674.00) 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 Paulus Engineering, Inc. Page A-1 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. 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 9TH day of _. JANUARY 9 2020 PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 777 S. FIGUEROA ST., STE. 300 LOS ANGELES, CA 90017 Address of Surety Authorized Agent Signature CHARLES L. FLAKE/ATTORNEY-IN-FACT Print Name and Title Paulus Engineering, Inc. Page A-2 (213) 337-3074 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ', i r�� Aaron C. Harp City Attorney y, , NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. t=om Page A-3 ACKNOWLEDGMENT /) A tary public or other officer completing this alvl certi i to verifies only the identity of the individual who sig ed the document to which this certificate is attached, nd not the truthfulness, accuracy, or validity of t t document. State of Califomi County of ss. On 20 before me, Notary Public, persona appeared who proved to me on the sis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instr ent and acknowledged to me that he/she/they executed the same in his/her/their authorized cap fty(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon half of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJUR under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 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) who name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they ex uted the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on a instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the in trument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Paulus Engineering, Inc. Page AA CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On January 9, 2020 before me, - !2 thio J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES hand and official seal. ti CYNTHIA J. VALENCIA Notary Public � California Orange County Signatu f Notary Public (Nota Scat ,� o..,. Commission P 2305691 (Notary ) My Comm. Expires Oct 15, 2023 ADDITIONAL OPTIONAL INFORMATION DF.SCRII'TIONOFTHE ATTACHED DOCUMENT -- -- 'I'itle or Description of:niached document Number of pages Document nate Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officers /Title Partner Attorney -In -Fact Trustee — — Other 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 1/9/2020 before me, personally appeared Charles L. Flake ERIN SHERWOOD COMM. #2292388 m NOTARY PUBLIC - CALIFORNIA U) ORANGE COUNTY t MY COMM EXPIRES JULY 06, 2023 Sherwood Notary Public, Insert Name of Notary exactly as it appears on the nfaclal coal 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 e,(,, j.. it _&I Place Notary Seat Above Signah eof Notary Public Erin S erwoo 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 [I Limited Ll 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: SWISS RE CORPORATE SOLUTIONS NORTI I AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, TI IAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the Slate of New Hampshire, and having its principal office in the City ol'Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, SPENCER FLAKE and LBXIE SHERWOOD IOINTLY OR SEVERALLY Its true and IawlLl Atiorney(s)-in-Faust, to make, execute, seal and deliver, for and on its behalrand as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9d' of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Altorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all counsels of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating (hereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard (o any bond, undertaking or contract of surely to which it is at(ached." Sr°dpaallll111"��" _ EGvouryl 011ollnwnnpGy N „ap11aNA(y By z d+' SEAL la' Sir, P. Andennn, senior vice PreMdem cfwnahlnatnn lmcrnxuunm I r.,,e, Cour..... S sx 'm= f:ALF`?z =ry.,$ 1879QWi,— &Senrur Vic,P,,Adcrt of Nar,h American Sperinny lmurunce Company o; 0y a2�......*..•C�. htkhn,l A. nn,CenTurV cci� VWd cal-T1Tr �lMnuiuwnrcm° 5 Senior vice President of norm American Sprclollr Inmrnnce C'nniPviy IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signal by their authorized officers this 19 .day of _ October _ ,2017 . North American Specialty Insurance Company Washington International Insurance Company Stale of Illinois County of Cook ss: On (his 19 day of OC(ohel , 20 1.7 , before me, a Notary Public personally appeared -_ Steven P. Anderson Srnior Vice President of Washington huemational Illalllance Company and Senior Vice President of North Anrmican Specialty Insurance Company and Michael,A. Ito , Scnior Vice President of Washington International Insurance Company and Surum Vice President ol'Nor(h American Specially Insurance Company, personally known In me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to he the voluntary act and decd of their respective companies. OFn SEAL I, M KENNY Numry%d4ie - al rlli. MY Cnnumsai nn fgnua 1 MOM1021 1'1f( M. Kcuny, Nutury Public I, Jcl'0cy (iufd¢erg_ , Ile duly elected Assistant Secretary- of North American Specially Insurance; Company and Washington International Insurance Company, no hereby certily that the above and foregoing is it true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and eOceL IN WITNESS WI IF.RFOF, I have .cel my hand and affixed the seals of the Companies this 9th day of January , 20 20 i ,oufo flnl,In of vice nce om,W nrsiem North AMLrirof-- wnmm�a�nn hnannnionnl Invnrnn«• cnn�nnnr m Nnnn n,mde.n slxei:nlr hs„rma• rn,npnnr Batch 9951762 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 3 of 3 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII'IIIIIIIIIIIIIIIIIIII 11111 NO FEE + 5 R 0 0 1 2 7 2 a z 1 s$+ 202100025439110:15 am 04115/21 227 NCR2 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Paulus Engineering, Inc., Anaheim, California, as Contractor, entered into a Contract on December 10, 2019. Said Contract set forth certain improvements, as follows: Newport Pier Area Water Main Replacement - C-7631-2 Work on said Contract was completed, and was found to be acceptable on April 13. 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is North American Specialty Insurance Company. 0 City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /9Y/ / 15-1 2e z/ , at Newport Beach, California. BY —City Clerk https://gs.secure-recording.com/Batch/Confirmation/9951762 04/15/2021 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Paulus Engineering, Inc., Anaheim, California, as Contractor, entered into a Contract on December 10, 2019. Said Contract set forth certain improvements, as follows: Newport Pier Area Water Main Replacement - C-7631-2 Work on said Contract was completed, and was found to be acceptable on April 13, 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is North American Specialty Insurance Company. I:i7 City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 5-1 2a z/ at Newport Beach, California. BY�—/� -- ,0�—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 21St day of November, 2019, at which time such bids shall be opened and read for NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No. 7631-2 $3,600,000 Engineer's Estimate Approved aures M. Houlihan ity PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=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 NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No. 7631-2 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES...........................................10 NON -COLLUSION AFFIDAVIT..................................................................... 14 DESIGNATION OF SURETIES...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 16 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 NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No. 7631-2 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 Planet8ids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date (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 been review Contractor's License No. & Classification Authortd Signature/Title _1000000 rya L-tezz- / DIR Registration Number & Expiration Date Date AtAIVs L�di./inL 7-1( Bidder 5 BOND #7-B PREMIUM: NIL City of Newport. Beach NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No, 7631-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT PIER AREA 41 ITER "VAIN PBP! ACEMENT, Contract No. 7831.2 in Vhe City of Newport Reach, is accepted by the City Council of the City of Newport Beach and the proposed contract Is awarded to the Principal, and the Principal falls to execute the Contract Documents in the form(s) prescribed, Including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 28TH day of OCTOBER , 2019. PATTT,Uq ENGINEERING, INC. ✓,, tri„ Name of Contractor (Principal) horized Signature/Title NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety Authoriz gent -Signature 777 S. FIGUEROA ST., STE. 300 LOS ANGELES, CA 90017 Address of Surety (213) 337-3074 Telephone CHARLES L. FLAKE/ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 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 dominent. State of California County of On Notary Public, personally app who proved to me on the basis c subscribed to the within instrum( in his/her/their authorized capac the person(s), or the entity upon SS. 20 before me, satisfactory evidence to be the person(s) whose name(s) is/are i and acknowledged to me that he/she/they executed the same y(i s), and that by his/her/their signatures(s) on the instrument %eh f of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY paragraph is true and correct. WITNESS my hand and official seal. Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language der the laws of the State of California that the foregoing OPTIONAL INFORMA Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 (seal) Thumbprint of Signer ❑ Ch4k here if no or is CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On October 28, 2019 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS in ., . and and official seal. CYNTHIA J. VALENCIA Notary Public - California Orange County Commission # 23058L,2jO23 *my Comm. Expires Oct 1 Signature ofNotafy Public (Notary Seal) I I I ADDITIONAL OPTIONAL INFORMATION i DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER i Individual Title or description of attached document Corporate Officers /Title_ Number of pages Document Date Partner Attorney -In -Fact Trustee i Other i Additional Information 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 10/28/2019 before me, Lexie Sherwood Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake Name(s) of Signer(s) LEXIE SHERWOOD ,�. COMM. # 2203287 7 ^ NOTARY PUBLIC *CALIFORNIA n ORANGE COUNTY — Comm. Exp. JULY 27, 2021 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature _ Place Notary Seal Above Signature o No ary Public Lexie Sherwood OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(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: 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. of California County of ss. On 20 before me, Notary Public, p rsonally appeared who proved to me n the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wi in instrument and acknowledged to me that he/she/they executed the same in his/her/their authori d capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the en i upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF`�ERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individua who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the`p subscribed to the within instrument and acknowledged to me that f in his/her/their authorized capacity(ies), and that by his/her/their s the person(s), or the entity upon behalf of which the person(s) act( (seal) on(s) whose name(s) is/are he/they executed the same atures(s) on the instrument executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of C lifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r� f w Signature (seal) M. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." IZO O G uBy R,.Q RP0ki11d, t� 5 .660' • R,jr•,• a 9s SEAL : o - Steven P. Anderson, Senior Vice President of Washington International Insurance Company s �r SEAL 22: s W iZ 1973 O ` & Senior Vice President of North American Specialty Insurance Company a Or; ?m By �ser� `� ys6 ...._•�* H�V.IP9`' `. Das•id M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this I7th day of July 2014 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 17th day of July , 20 14 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAV' DONNA D. SKLENS Notary Public, State of Illinois Donna D. Sklens, Notary Public My Commission Expires Ioft 2015 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 28 day of OCTOBER 2019 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specially Insurance Company City of Newport Beach NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No. 7631-2 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard 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. Bidders must also include DIR registration numbers for each subcontractor. ?A LAI /m I :A� f Bidder M 'i, �v/ / !- #horized Signature/Title City of Newport Beach NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No. 7631-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. ler's Name IJAltf K,�h; 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 / //// /� Z/k'17Project Name/Number , � A ,►4' Project Description Approximate Construction Dates: From O To: i Agency Name G. /ti ,/ Contact Person Telephone (//Xf—W Original Contract Amount $ SZ l6 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number ,/'11/ G -A„ Iv, ��, � /d Project Description Approximate Construction Dates: From Two: Agency Name Contact Person/,�/; f .l ���ss �� Telephone f/ '�') Original Contract Amount $ `%< / Final Contract Amount $ Zw If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 f Project Name/Number Project Descriptions Approximate Construction Dates: From � To: ��14r y' Agency Name /U/�,. l/•., ///2�,, / /// Contact Person _/s ,��i.��,�.� f�� Telephoney_ Original Contract Amount $ /S3T-Final Contract Amount $ 3f9 0 Z -z- If 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 yg-u/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 / Project Name/Number 'Z"5 e. , /tel/ Project Description // Approximate Construction Dates: From /,/1ZO/l- To: Agency Name Contact Person ���i� � Telephone ��r Original Contract Amount $T%/Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person �r-z ` C;, TeIephone�7/�' Original Contract Amount $ / �Final Contract Amount $ /1'YZ�/ 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. 6 Project Name/Number Project Description/7 Approximate Construction Dates: From ZD/y To: lZeZ'�2,,//� AgencyName Contact Person _/,,v� �i� �si�.i»� Telephonei�f`l Original Contract Amount $ %' 4`Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial staten4ent and other information sufficiently comprehensive to permit an appraisal of the ontractor's current financial conditions. I Bidder ' 13 Signature/Title City of Newport Beach NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No. 7631-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of 0/AAet, ) a... ��t�r %u1 being first duly sworn, deposes and says that he or she is P,2 c of _ ,t '4ui "o;,e e p, . 7 -oz- , the party making the foregoing bid; that the bid is not made in the interest of,r on b� f, 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. declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 7 � // Bidder J ter- Authorized Signature/Title Subscribed and sworn to affirmed) before me on thisiL day of --r, 2019 by I _i-4 ( satisfactory evidence to be the , proved to me on the basis of (s) who appeared before me. I certify under PENALTY OF PERJURY bder the laws of tf�e tate of California that the foregoing paragraph is true and correct. 7 14 Public mmission Expires: /V'/S ,903 CYNTHIA J. VALENCIA Notary Public - California z Orange County [SEAL] Z �+ � My commission 92305891 comm. Expires Oct 15, 2023 14 Public mmission Expires: /V'/S ,903 JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 18t1i day of November, 2019 by Jason Paulus proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature (Notary Seal) CYNTHIA J. VALENCIANotary Public - California Orange County Commission # 2305891 lamy Comm. Expires Oct 15,023 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Number of pages: Document Date: (Additional Information) i City of Newport Beach NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No. 7631-2 DESIGNATION OF SURETIES Bidder's name Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): 4/Al 15 City of Newport Beach NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No. 7631-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name i 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. i<I Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Total 2015 No. of contracts 2 / G zsr— Z-0 a Total dollar Amount of/ Contracts (in Z��;�LL.9/�� Thousands of $) No. of fatalities D 0 D Q e2 No. of lost Workday Cases Z 0 Q No. of lost workday cases involving permanent transfer to 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. i<I Legal Business Name of Bidder Business Address Business Tel. No. State Contractor's License No. and Classification: Title 21toly 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 (fo Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 City of Newport Beach NEWPORT PIER AREA WATER MAIN REPLACEMENT EACH RESTROOM ELECTRICAL PANEL REHABILITATION PROJECT Contract No. 7631-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name 1/0, e The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received i' Signature w City of New ort Beach NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No. 7631-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation:c. / Business Address: //01 t.%iA�t,i✓l a �� ., h , :.i,� L� GIZMO Telephone and Fax Number: / 65 z - California State Contractor's License No. and Class:2Z,/1/1/ (REQUIRED AT TIME OF AWARD) Original Date Issued: .& s 4Expiration Date:--Ahti bo 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: r� MPVI.WJi,Wi� 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 �� lU C e� Z V I S 1�17 S/ -�/V- /;Z - ro�2, N :Ik-ilt J1411L Gia f2 Corporation organized under the laws of the State of ( N/i,/,/,t" 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this roposal are as follows: V 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: Prov ide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Ztd Have you ever had a contract terminated by the owner/agency? If so, explain. Z41,1 Hav e ever failed to complete a project? If so, explain. Forany 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 ance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 20 Are any claims or actions unresolved or outstanding? YesNo If yes to any of the above, explain. (Attach additional sheets, if necessary) // Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Bidder On satisfactory evide c acknowledged to by his/her/their sign acted, executed the -JR1�n �wl�tS (Print n me of Owner or President of Co ration/Company) Y .- A uthorized// Signature/Title /.S i Na.a. D Title 11- Date before me, , Notary Public, personally appeared who proved to me on the basis of to be the person(s) whose name(s) is/are subscribed to the within instrument and that he/she/they executed the same in his/her/their authorized capacity(ies), and that ure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ' strument. I certify under PENAL -15, paragraph is true and co WITNESS my hand and OF PERJURY under the laws of the State of California that the foregoing Notary Public in and for said My Commission Expires: seal. 21 (SEAL) Ck� CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On Novemeber 18, 2019 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rry hand and official seal. CYNTHIA j. VALENCIA Ntary Public - California Orange County *my Signa�tu e ofNotary Public (Notary Seal) ZCommission # 2305891 Comm. Expires Oct 15, 2023 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER I Individual Title or description of attached document Corporate Officers - /Title -Number of pages Document Date Partner Attorney -In -Fact j Trustee Other i I Additional Information City of Newport Beach NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No. 7631-2 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 NEWPORT PIER AREA WATER MAIN REPLACEMENT CONTRACT NO. 7631-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of December, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PAULUS ENGINEERING, INC., a California corporation ("Contractor"), whose address is 2871 E. Coronado St., Anaheim, CA 92806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract includes: Balboa Boulevard (River Avenue to 44th Street): The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with Balboa Boulevard within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. 23rd Street: The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with 23rd Street within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. Alleys: The work necessary for the completion of this contract includes: The removal and construction of the 6 -inch and 8 -inch diameter cast iron transmission main replacement on the alleys between 46th Street to 45th Street, 41 st Street to 38th Street, and 31st Street to 23rd Street including all appurtenances, fittings, maintain service, and connections within Balboa Boulevard, River Avenue and Seashore Drive. The work necessary for the completion of this contract includes providing traffic control, and pavement replacement per the Contract Documents (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7631-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Million Six Hundred Fifty One Thousand Six Hundred Seventy Four Dollars and 001100 ($2,651,674.00). 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. Paulus Engineering, Inc. Page 2 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jason Paulus to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to 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 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. Paulus Engineering, Inc. Page 3 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jason Paulus Paulus Engineering, Inc. 2871 E. Coronado St. Anaheim, CA 92806 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 Paulus Engineering, Inc. Page 4 VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term 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 Paulus Engineering, Inc. Page 5 one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or 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 Paulus Engineering, Inc. Page 6 workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 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 Paulus Engineering, Inc. Page 7 seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 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. Paulus Engineering, Inc. Page 8 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 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. Paulus Engineering, Inc. Page 9 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Paulus Engineering, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: \ 1,6120,zo By: � 7&s�- Aaron C. Harp City Attorney o\oy )9 ATTEST - Date: Date: 7 Leilarii 1. BrownCity Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: /l0/2020 By:�i: Will O'Neill Mayor CONTRACTOR: PAULUS ENGINEERING, INC., a California corporation Date: Signed in Counterpart By: Ronald Paulus Chief Executive Officer Date: BV: Signed in Counterpart Michelle June Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Paulus Engineering, Inc. Page 11 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 ATTO t�Y'S OFFICE Date: 0 By: �& —, J,J tO— Aaron C. Harp City Attorney V9 ATTEST: Date: :- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: PAULUS ENGINEERING, INC., a California corporation Date: 0 By: Ro ald Pa us Chief Executive Officer Date: n 0 6 - pd') By: Mic— une Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Paulus Engineering, Inc Page 11 ETCECUTED IN TWO COUNTERPARTS ----- -- EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 2282735 LABOR AND MATERIALS PAYMENT BOND PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract includes: Balboa Boulevard (River Avenue to 44th Street): The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with Balboa Boulevard within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. 23rd Street: The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with 23rd Street within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. Alleys: The work necessary for the completion of this contract includes: The removal and construction of the 6 -inch and 8 -inch diameter cast iron transmission main replacement on the alleys between 46th Street to 45th Street, 41 st Street to 38th Street, and 31st Street to 23rd Street including all appurtenances, fittings, maintain service, and connections within Balboa Boulevard, River Avenue and Seashore Drive. The work necessary for the completion of this contract includes providing traffic control, and pavement replacement per the Contract Documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, I JTORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety) are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Six Hundred Fifty One Thousand Six Hundred Seventy Four Dollars ($2,651,674.00) lawful money of the United States of America, said sum being equal to 1.00% of the estimated amount payable by the City of Newport Beach under the terms of Paulus Engineering, Inc. Page A-1 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. 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 9TH day of JANUARY Z , 2020 PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 777 S. FIGUEROA ST., STE. 300 LOS ANGELES, CA 90017 Address of Surety Nsm% Signature CHARLES L. FLAKE/ATTORNEY-IN-FACT Print Name and Title Paulus Engineering, Inc. Page A-2 (213) 337-3074 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:_1 �2 �/2�7_0 By: !/L Aaron C. p City Attorney otao NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page A-3 ACKNOWLEDGMENT gAtary public or other officer completing this verifies only the identity of the individual ed the document to which this certificate is nd not the truthfulness, accuracy, or f t t document. State of Califomi County of Iss. On .20 before me, Notary Public, persona appeared who proved to me on the sis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Inst ent and acknowledged to me that he/she/they executed the same in his/her/their authorized cap 'ty(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon half of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJUR under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature \ (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) SS. On , 20 before me, Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) wh\thein (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they the same in his/her/their authorized capacity(les), and that by his/her/their signatures(snstrument the person(s), or the entity upon behalf of which the person(s) acted, executerument. I certify underPENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Paulus Engineering, Inc. Page A-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange 1 On January 9, 2020 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES hand and official seal. CYNTHIA J. VALENCIA Notary Public - California Orange County Commission # 2305891 Siunatu f Notary Public (Notary Seal) "no. "`' My Comm. Expires Oct 15, 2023 — ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officers— /Title-Partner Attorney -In -Fact Trustee Other ' w�a •..".,�'•y4 •,.;a ....:::?- oC'9t--:�.�'�sxt".,ro�+e. 1�.�?lsa�Awa� £int�lilGJ %OduQ pmir . d ' >:SQr .�i iJii ivltlyx: ., .,., ti.�t ���',�i1;•' .. � . 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 1/9/2020 before me, Erin 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 ERIN SZWOOD person(s), or the entity upon behalf of which the person(s) COMM. #2292388 rn acted, executed the instrument. NOTARY PUBLIC - CALIFORNIA rn ORANGE COUNTY 1 certify under PENALTY OF PERJURY under the laws of MY COMM EXPIRES JULY O8, 2023 the State of California that the foregoing paragraph Is true and correct. Witness my hand and official seal. da� Signature Place Notary Seal Above E_gndhTW6f Notary Public Erin Sherwood OPTIONAL Though the information below is not required by law it mayprove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: 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 ConservatorTop of thumb here r-1 Other: E] Other: Signer is Representing: Signer is Representing: MMOD YiOUXI) gavil=.90 j encs .�� Y��. 83R��lt3 ��:�� ori � �"�,�,.,•s' � . :c tf 1 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, SPENCER FLAKE and LEXIE SHERWOOD OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9" of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." `\d \\\1\llllllllplllll/i/'' ,nl,j10N 4 TIONgt P eta Go\pldr _ ya.. ppo BY V' t aeF°°sz6"oktiW`rG$$ 2. F':$ SEAL :n= 3uP1i2, 1879 y��` Steven P. Anderson, Senlor Vice President of Washington interned ...I Insurance Company &Senlor Vice President of Nor@ American Specialty Insurance Company a $FAL Zo' ,rne 536'•.Y.i �i/I4IlIllllaltU\\ �'r/•"* "*P MleM1eel A. IBIo,en oS-TTl7ac PER 0 unTat wmnington international losmance not & Senior Vice Preeldent of North Americo. Specially Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seats to be hereunto affixed, and these presents to be signed by their authorized officers this 19 day of October 2017 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 19 day of October , 2017 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito . Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. NotaryOFFICIAL SEAL M. xENNY P.blicState .I lllinnia � My Co,omlvion 6pn'_x M. Kenny, Notary Public t vouyoxt I, Jeffrey Goldberg .the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of January , 20 20 Jeffrey Goldberg. Vice President & Assistant Secretary, of Warbinglon international Inxmance Company& N.M Amencan Specialty loomance Company EXECUTED IN .TWO COUNTERPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 2282735 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 25, 662 , being at the rate of $ $14.40/$8.70/$7.00 PER thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the Principal," a contract for: The work necessary for the completion of this contract includes: Balboa Boulevard (River Avenue to 44th Street): The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with Balboa Boulevard within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. 23rd Street: The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with 23rd Street within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. Alleys: The work necessary for the completion of this contract includes: The removal and construction of the 6 -inch and 8 -inch diameter cast iron transmission main replacement on the alleys between 46th Street to 45th Street, 41 st Street to 38th Street, and 31st Street to 23rd Street including all appurtenances, fittings, maintain service, and connections within Balboa Boulevard, River Avenue and Seashore Drive. The work necessary for the completion of this contract includes providing traffic control, and pavement replacement per the Contract Documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terns thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and finely bound unto the City of Newport Beach, in the sum of Two Million Six Hundred Fifty One Thousand Six Hundred Seventy Four Dollars ($2,651,674.00) 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 Paulus Engineering, Inc. Page B-1 ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the 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 exe ed by the Principal and Surety above named, on the 9TH day of JANUARY 2020 . PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 777 S. FIGUEROA ST., STE. 300 LOS ANGELES, CA 90017 CHARLES L. FLAKE/ATTORNEY-II-FACT Address of Surety Print Name and Title Paulus Engineering, Inc. Page B-2 (213) 337-3074 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: t Z Z, Z o Zo By: �Cn City Attorney p NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page B-3 ACKNOWLEDGMENT A notary ublic or other officer completing this certificate erifies only the identity of the individual who signed he document to which this certificate is attached, an not the truthfulness, accuracy, or validity of that ocument. State of California County of On Notary Public, person who proved to me on t subscribed to the within in his/her/their authoriz( the person(s), or the en _)ss. 20 before me, basis of satisfactory evidence to be the person(s) whose name(s) is/are istrument and acknowledged to me that he/she/they executed the same �capacity(ies), and that by his/her/their signatures(s) on the instrument ylypon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF P paragraph is true and correct. WITNESS my hand and official Signature under the laws of the State of Califomia that the foregoing A notary public or other officerco feting this certificate verifies only the identity of the in idual who signed the document to which this ce . icate is attached, and not the truthfulness, accuracy, o validity of that document. State of California County of ) ss. On 120 before Notary Public, personally appeared proved to me on the basis of satisfactory evidence t subscribed to the within instrument and acknowledged in his/her/their authorized capacity(ies), and that by hi the person(s), or the entity upon behalf of which the p< I certify under PENALTY OF PERJURY under the laws paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ENT the person(s) whose name(s) is/are a that he/she/they executed the same Rheir signatures(s) on the instrument ;s) acted, executed the instrument. of California that the foregoing (seal) Paulus Engineering, Inc. Page B-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On January 9, 2020 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES hand and official seal. Signatu otary Public (Notary Seal) „ CYNTHIA J. VALENCIA Notary Public • California Orange County E Commission # 2305891 — ~My Comm. Expires Oct 15, 2023 ADDITIONAL OPTIONAL INFORMATION i DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Individual Title or description of attached document Corporate Officers/Title_ Partner Number of pages Document Date Attorney -In -Fact Trustee Other Additional Information G i05 .0 : �� i�'tiQY;} .f?t::pj yet �„'���'-�'� k 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 1/9/2020 before me, Erin Sherwood Notary Public, Date Insert Name of Notary exactly as II 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 ERIN aMERW000 person(s), or the entity upon behalf of which the person(s) COMM. srzazsea ti acted, executed the instrument. NDTARY PUBLIC • CALIFDRNIA � to ORANOECOUNTY I certify under PENALTY OF PERJURY under the laws of MY CDMM El(PIflFS JULY OB, 2023 the State of California that the foregoing paragraph is true and correct. Witness my hand and official s Signature Place Notary Seal Above Sign re of Notary Public Erin Sherwood OPTIONAL Though the information below is not required by law it mayprove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: 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 •11111,1111CILAIR, ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: t, v..o.�a._..�....r... w . � jos>+Nii3t,2 i�tH3 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, SPENCER FLAKE and LEXIE SHERWOOD Y OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." Imunumtr \pQy�GUllrYf i/bG V%i1jL(/r,`.'��D"•:V�By (W4 rziiiq,RV SEAL in- Steven P.Anderson, Senior Vito President ofWashington International Insurance Company EAL >w`;Y 1%a to:m= &genior Via President of Norah AmerlanSpedalty lnavrana Company O? rsg '„'�n�O1N0111p5�1y�c B MkM1md A.Ita, en or eS-T�1 a ra i•nt at Was ngtonerne mPeny r+^t h Senior vice President of North American Speelalty Imumme Company IN WITNESS WHEREOF, North American Specialty insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 19 day of October 12017 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 19 day of October , 2017 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary NVIC-State nt Plink My 1 ']IOUM3Eaff” M. Kenny. Notary Public 1, Jeffrey Goldberg .the duly elected Assistant Secretary of North American Specially Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a We and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this 9th dayofJanuary , 20 20 . Jeffrey Goldberg• Vice emaident a Assivan, Secretaryof Washingmn international Imurmme Company & Norah Amerian specialty Imurame Company 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 Paulus Engineering, Inc. Page C-1 million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this 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. Paulus Engineering, Inc. Page C-2 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 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. Paulus Engineering, Inc. Page C-3 D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may 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. Citv 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. I. 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. Paulus Engineering, Inc. Page C-4 J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these 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. Paulus Engineering, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. ❑ No Date Received: 1/29/2020 Dept./Contact Received From: Raymund Reyes ❑ No Department: Public Works Sent to: Marissa By: Raymund ❑ No Company/Person required to have certificate: Paulus Engineering, Inc. Type of contract: CIP Formal Contract I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 511/2019-5/1/2020 A. INSURANCE COMPANY: Executive Risk Indemnity, Inc. B. AM BEST RATING (A-: VII or greater): A++: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in Califomia? [DYes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1 M occur / $2M agg E. ADDITIONAL INSURED ENDORSEMENT — please attach ❑✓ Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ❑✓ Yes ❑ No H. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ❑ N/A [D Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5111219-5/1/2020 A. INSURANCE COMPANY. Federal Insurance Company B. AM BEST RATING (A-: VII or greater) A++:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT - please attach F. HIRED AND NON -OWNED AUTO ONLY: G. ADDITIONAL INSURED ENDORSEMENT — please attach H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: ❑� Yes ❑ No - $1M 0 Yes ❑ No ❑ N/A n Yes ❑ No ❑✓ Yes ❑ No [0 Yes ❑ No ✓❑ N/A [:]Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 511/219-51112020 A. INSURANCE COMPANY: Federal Insurance Company B. AM BEST RATING (A-: VII or greater): A++:XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ADDITIONAL COVERAGES THAT MAYBE REQUIRED ❑✓ Yes []No Q Yes ❑ No $1M [D Yes ❑ No ❑J NIA [:]Yes ❑No ❑ PROFESSIONAL LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ POLLUTION LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ BUILDER'S RISK EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: NOTEWCOMMENTS: Approved: Risk Management 2/19/2020 Date De 111 I IQ Gnlr_ II nar-7 ACORa' CERTIFICATE OF LIABILITY INSURANCE DATE(MIwDD1YYY1') 211312020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAWCT THE BROKERAGE COMMERCIAL INSURANCE SERVICES, Inc. 20261 SW Acacia St., Suite 200 Newport Beach, CA 92660 ANON ,Ext : (949) 287-6677 FAX , Ne MILE INSURER 3 AFFORDING COVERAGE NAIC # X INSURER A: Executive Risk IndemnRy. Inc. 35181 54=105 INSURED INSURER B-. Federal Insurance Compapy 20281 INSURER C: Paulus Engineering, Inc. INSURER D; 2871 E. Coronado Street Anaheim, CA 92806 INSURER E INSURER F: COVERAGES CERTIFICATE N"MRFR- RFVlSInM M! lMRFR. 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADD INSDI SUER POLICY NBIdBER POLICY EFF POLICY EXP LIIIIIn'S A X cOfl[S[ERcim- GENERAL uABtuTY CLAIMS -MADE OCCUR X X 54=105 SM/2019 5H12020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 MED EXP onePerson) $ 51000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Q JPRO.ECTT LOC PRODUCTS - COMPIOP AGG S 2,000,000 S OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea a2gidwDX BODILY INJURY(Perperson) S ANY AUTO X X 54303104 5/1/2019 5/1/2020 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accrdent sacci nt AMAGE $ AUTOS ONLY AUTOS ONLY $ UMBRELLALIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ B wORIERB coup sAimN MID EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN �FFICERIMEMBLSR EXCLUDED? � RRarxlatoryto NFI) If you describe under DESCRIPTION OF OPERATIONS below N 1 A X 3106 51112019 5/112020 X PER OTH- STATUTE I ER E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYE S 11000,000 E.L. DISEASE - POLICY LIMIT S 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) RE. Contract #7631-2; Project: Newport Pier Area Water Main Replacemem glaipwv/auaipwvtwcwv City of Newport Beach, 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 andlor Services contemplated by this Contract are Included as Additional Insureds as respects General and Auto Liability per attached endorsements. This Insurance shall apply as Primary and Non -Contributory per attached endorsement. Waiver of Subrogation for Workers' Compensation, General Liability, and Auto Liability: See Attached Endorsements. City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORV" �10-� AGENCY CUSTOMER ID: PAULUS ENG LOC #: ADDITIONAL REMARKS SCHEDULE JLOPEZ Page 1 of 1 AGENCY E BROKERAGE COMMERCIAL INSURANCE SERVICES Inc. NAMED INSURED Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 POLICY NUMBER 1IERNIUC LEEEEPAGE PAGE 1 CODE ISEE P 1 EFFECTIVE DATE: -SEE PAGE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: *Except 10 Days Notice of Cancellation for Non -Payment of Premium. Should this policy be cancelled before the expiration date, The Brokerage Commercial Insurance Services, Inc. will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* ACQRD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Insured: Paulus Engineering, Inc. Effective: 05101/20109-05/01/2020 Policy Number: 54303105 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT. ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Insured: Paulus Engineering, Inc. Effective: 0510112019-0510112020 Policy Number. 54303105 C. With respect to the insurance afforded to these additional insureds, the following is added to Section 111 — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 2010 0413 Insured: Paulus Engineering, Inc. Effective: 05/01/2019-05/01/2020 Policy Number. 54303105 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations WHERE REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHERE THE CONTRACT SPECIFIES COVERAGE FOR COMPLETED OPERATIONS. ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section it — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the addfional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured: Paulus Engineering, Inc. Effective: 0510112019-0510112020 Policy Number: 54303105 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: WHERE REQUIRED BY WRITTEN CONTRACT. ALL LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under this policy provided that (1) The Additional Insured is a named insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. 10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. Insured: Paulus Engineering, Inc. Effective: 0510112019-0510112020 Policy Number: 54303105 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8r 71 a Ww Or Waiver Of Rights Of Recovery A®anst O®tim To Us We will waive the right of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organizafion in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. a Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3. "Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. 4. "Auto" means: a A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". WBodily injury" means physical: a Injury; IL Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease that caused it This condition does not apply to Coverage C. & "Overage territory" means: 9. When We Do Not Renew If we decide not to renew this Coverage Part, we wt'l mail or deliver to the first Named Insured shown in the Declarations written nofice of the nonrenewal not less than 30 days before the expiration date. ff notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V— DEFD/TIONS 1. "Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. "Advertisement" does not include any e-mail address, Internet domain name or other electronic address or metalanguage. 2 "Advertising injury" means injury, other than "bodily injury", "property damage" or "personal injury", sustained by a person or organization and caused by an offense of infringing, in that particular part of your "advertisement" about your goods, products or services, upon their: a The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a above; or a All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a above; (2) The activities of a person whose home is in the territory described in Paragraph a above, but is away for a short time on your business; or (3) "Advertising injury" or "personal injury" offenses that take place through the Internet or similar electronic means of communication Foran 10-02-1800 (Rev. 09. Includes copyrighted material of ISO Properties, Inc., with Page 13 of 17 17} its permission Insured: Paulus Engineering, Inc. Effective: 0510112019-0510112020 Policy Number: 54303104 COMMERCIAL AUTO CA 20 48 10 13 , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not atter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Paulus Engineering, Inc. Endorsement Effective Date: 05/01/2019 SCHEDULE Name Of Person(s) Or Organization(s): WHEN REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 Insured: Paulus Engineering, Inc. Effective: 05/01/2019-05/01/2020 Policy Number: 54303104 COMMERCIAL AUTO 16-02-0316 Ed. 1014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY LIABILITY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Paulus Engineering, Inc. Endorsement Effective Date: 5/1/2019 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHEN REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Item 5. —"Other Insurance" of Item B. — "General Conditions" under Section IV —"Business Auto Conditions": e. Regardless of the provisions of Paragraph 5.a. through d. above, for any liability arising out of the ownership, maintenance, use, rental, lease, loan, hire or borrowing by an "insured" of a covered "auto" for which an "insured" is contractually obligated to provide primary insurance coverage to a client, this Coverage Form will be primary and non-contributory with respect to the Persons or Organizations in the schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 16-02-0316 Ed. 1014 Page 1 of 1 Insured: Paulus Engineering, Inc. Effective: 0510112019-05/0112020 COMMERCIAL AUTO Policy Number. 54303104 CAQ4441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Paulus Engineering, Inc. Endorsement Effective Date: 5/11/2019 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHEN REQUIRED BY WRITTEN CONTRACT I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7- 08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 05/01/2019 (DATE) Policy No. 54303106 of the issued to Endorsement No. at 12:01 A. M. standard time, forms a part of Federal Insurance Company (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 0.00 % of total California premium. Schedule Person or Organization WHERE REQUIRED BY WRITTEN CONTRACT. WC 99 03 04 (Ed. 7-08) Job Description City of Newport Beach NEWPORT PIER AREA WATER MAIN REPLACEMENT Contract No. 7631-2 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7631-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 1 /f Ell 11 Date Bidder's Teleph ne and Fax Numbers -IV/j11 4 Bidder's License No(s). and Classification (s) 100 0000-5-yb DIR Registration Number Bidder's email address: i P R' 1 ���u%u1 ��cSi•+ �cii �y Biddev, Bidd''6r's Authorized Signature and Title ZN( , LIP11 7.,iZ /4 Bidder's S ���►�/� GIGO` Bidder's Address Ron City of Newport Beach Page 1 Newport Pier Area Water Main Replacement (C-7631-2), bidding on November 21, 2019 10:00 AM (Pacific) Printed 11/21/2019 Bid Results Bidder Details Electronic Vendor Name Paulus Engineering, Inc. Address 2871 E Coronado St Bid Responsive Anaheim, CA 92806 Bid Status United States Respondee Rory Campbell Respondee Title Chief Estimator Phone 714-632-3975 Ext. Email campbell@paulusengineering.com Vendor Type License # 724114 CADIR Bid Detail Bid Format Electronic Submitted November 21, 2019 9:30:28 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 196210 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Docs 219290 Bid Docs.pdf General Attachment Bond 219290 Bid Bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization, Bonds, Demobilization, and Clean -Up LS 1 $72,000.00 $72,000.00 2 Furnish and Install 12 -Inch PVC Piipe (AWWA C900,DR14, CL305) LF 35 $291.73 $10,210.55 3 Furnish and Install 8 -Inch PVC Pipe (AWWA C900,DR14, CL305) within Balboa Blvd with PCC beneath AC LF 580 $282.38 $163,780.40 4 Furnish and Install 8 -Inch PVC Pipe (AWWA C900,DR14, CL305). LF 300 $144.73 $43,419.00 5 Furnish and Install 6 -Inch PVC Pipe (AWWA C900,DR14, CL305). Remove existing 6 -Inch ACP and install in same alignment LF 5620 $152.12 $854,914.40 PlanetBids, Inc. City of Newport Beach Page 2 Newport Pier Area Water Main Replacement (C-7631-2), bidding on November 21, 2019 10:00 AM (Pacific) Printed 11/21/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Furnish and Install 6 -Inch PVC Pipe (AWWA C900,DR14, CL305) LF 150 $129.47 $19,420.50 7 Furnish and Install 4 -Inch PVC Pipe (AWWA C900,DR14, CL305). Remove existing 4 -inch ACP and install in same alignment LF 175 $115.24 $20,167.00 8 Furnish and Install Connection to Existing Water Main Per Connection Detail EA 26 $8,215.33 $213,598.58 9 Furnish and Install 8 -Inch Gate Valve with Valve Box EA 5 $2,387.08 $11,935.40 10 Furnish and Install 6 -Inch Gate Valve with Valve Box EA 31 $2,086.60 $64,684.60 11 Furnish and Install 12 -Inch Cut -In Valve including Piping and Fittings EA 5 $9,086.11 $45,430.55 12 Furnish and Install 8 -Inch Cut -In Valve including Piping and Fittings EA 3 $7,447.69 $22,343.07 13 Furnish and Install 6 -Inch Cut -In Valve including Piping and Fittings EA 7 $6,870.01 $48,090.07 14 Furnish and Install Fire Hydrant EA 14 $6,644.10 $93,017.40 15 Furnish and Install 2 -Inch Service Connection EA 1 $3,517.61 $3,517.61 16 Furnish and Install 1 -Inch Service Connection EA 346 $1,488.51 $515,024.46 17 Furnish and Install 4 -Inch Fire Department Connection Assembly EA 1 $4,287.10 $4,287.10 18 Pothole Utilities and Connections LS 1 $39,788.15 $39,788.15 19 Pressure Test, Disinfect and Flush New Mains LS 1 $47,674.33 $47,674.33 20 Replace Traffic Loops Damaged by Construction EA 3 $900.00 $2,700.00 21 Grind AC and Place Final Asphalt Pavement Overlay SF 13200 $4.41 $58,212.00 PlanetBids, Inc. City of Newport Beach Page 3 Newport Pier Area Water Main Replacement (C-7631-2), bidding on November 21, 2019 10:00 AM (Pacific) Printed 11/21/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 Restripe Fire Lane Lines within Alleys LF 730 $33.16 $24,206.80 23 Remove and Replace Existing Sidewalk SF 700 $63.77 $44,639.00 24 Remove and Replace Existing Curb and Gutter LF 160 $136.66 $21,865.60 25 Remove and Replace Existing Brick Pavers and Landscaping LS 1 $16,855.05 $16,855.05 26 Remove Abandoned Utilities LF 850 $62.13 $52,810.50 27 Furnish and Install Temporary Water Main Bypass System LS 1 $45,661.49 $45,661.49 28 Traffic Control LS 1 $22,777.11 $22,777.11 29 Surveying Services LS 1 $31,887.95 $31,887.95 30 Provide As -Built Drawings LS 1 $5,000.00 $5,000.00 31 Project Dewatering: Procure, Implement, and Conform to OCSD Permit LF 6800 $4.00 $27,200.00 32 Excavation Safety LS 1 $4,555.43 $4,555.43 Subtotal $2,6519674.10 Total $296519674.10 Subcontractors Name & Address Description License Num CADIR Amount Type All American Asphalt Grind & Cap 267073 1000001051 $58,995.00 400 E. Sixth Street Corona, CA 92878 United States EBS GENERAL Concrete Flat Work 720016 1000005295 $18,069.00 CADIR ENGINEERING INC 1320 E SIXTH ST, STE 100 CORONA, CA 92879 United States Superior Pavement Markings Striping 776306 1000001476 $26,573.00 5312 Cypress Street Cypress, CA 90630 United States PlanetBids, Inc. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 NEWPORT PIER AREA WATER MAIN REPLACEMENT CONTRACT NO. 763'-2 DATE: November 13, 2019 BY:vl�(/--- DEPUTY PWD / CITY ENGINEER 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 (LINE ITEMS) The Proposal Line Items'listed in PlanetBids contain a typographical error. The Line Items in PlanetBids have been corrected to reflect the Special Provisions. REPLACE PROPOSAL LINE ITEMS IN ITS ENTIRETY WITH THE CORRECT LINE ITEMS PER ADDENDUM NO. 1. 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. RA l4S ( � "AP! ,! ^N -Z-,r Bidder's Name (Please F7rint) Date Authod)' zed Signature & Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 NEWPORT PIER AREA WATER MAIN REPLACEMENT CONTRACT NO. 7631-2 DATE: November 14, 2019 BY: PWD / CITY ENGINEER TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. This addendum is to clarify the 1 -inch and 2 -inch water service bid items. SPECIAL PROVISIONS 9-3 PAYMENT On sheet 31 of 52, delete "Customer Valve" for Item No. 15 and Item No. 16. PLANS The plans call out to reconnect the new service to the existing service. Please note: THE CONTRACTOR SHALL REPLACE ALL 1 -INCH AND 2 -INCH WATER SERVICES IN THEIR ENTIRETY PER CITY OF NEWPORT BEACH STD -502-L AND STD -503-L. On sheet C-505 detail 4, the plans call out to use Type "K" Rigid Copper Tubing. Please note: TYPE "K" RIGID COPPER TUBING SHALL ONLY BE USED FOR 2 -INCH WATER SERVICES. USE TYPE "K" FLEXIBLE COPPER TUBING FOR ALL 1 -INCH WATER SERVICES. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please P nt) Date A� orized Signature & Title i:\users\pbw\shared\contracts\W9-20 current1600 - water\newport pier area water main replacement c-xxxx-x_20w11\bidding docs\bid seMddendum no. 2 c- 7631-2.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT PIER AREA WATER MAIN REPLACEMENT C-7631-2 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 5-7 ADJUSTMENTS TO GRADE 2 2 2 2 2 3 3 3 4 4 4 4 4 5 5 5 5 5 5 5 6 6 6 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 7 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 7 6-1.1 Construction Schedule 7 6-7 TIME OF COMPLETION 7 6-7.1 General 7 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 9 6-9 LIQUIDATED DAMAGES 9 6-11 SEQUENCE OF CONSTRUCTION 9 6-11-1 Schedule Constraints 9 6-11-2.1 23rd Street and Alleys from 23rd Street to 31s' Street 10 6-11-2.2 Alleys from 4111 Street to 38th Street 10 6-11.2.3 Balboa Blvd from River Avenue to 44th Street and Alley 327 10 6-11-3.1 23 d Street and Alleys from 23 d Street to 31ST Street 11 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 16 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 16 7-1.2 Temporary Utility Services 16 7-2 LABOR 17 7-2.2 Prevailing Wages 17 7-5 PERMITS 17 7-7 COOPERATION AND COLLATERAL WORK 18 7-8 WORK SITE MAINTENANCE 18 7-8.4 Storage of Equipment and Materials 18 7-8.4.2 Storage in Public Streets 18 7-8.6 Water Pollution Control 19 7-8.6.2 Best Management Practices (BMPs) 19 7-10 SAFETY 21 7-10.1 Traffic and Access 21 7-10.2 Street Closures, Detours and Barricades 21 7-10.3 Haul Routes 23 7-10.4 Safety 23 7-10.4.1 Work Site Safety 23 7-10.5 Security and Protective Devices 23 7-10.5.3 Steel Plate Covers 23 7-10.6 Notices to Residents and Businesses 24 7-10.7 Street Sweeping Signs and Parking Meters 24 7-10.8 Temporary Parking Permits 25 7-15 CONTRACTOR'S LICENSES 25 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 25 7-17 TEMPORARY WATER MAIN BY-PASS 25 7-17.1 General 26 7-18 WATER MAIN PRESSURE TESTING, DISINFECTION AND FLUSHING 26 7-18.1 General 26 SECTION 9 - MEASUREMENT AND PAYMENT 27 9-2 LUMP SUM WORK 27 9-3 PAYMENT 27 9-3.1 General 27 9-3.2 Partial and Final Payment. 34 PART 2 - CONSTRUCTION MATERIALS 34 SECTION 200 — ROCK MATERIALS 34 200-2 UNTREATED BASE MATERIALS 34 200-2.1 General 34 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 34 201-1 PORTLAND CEMENT CONCRETE 34 201-1.1 Requirements 35 201-1.1.2 Concrete Specified by Class and Alternate Class 35 201-1.1.3 Concrete Specified by Special Exposure 35 201-2 REINFORCEMENT FOR CONCRETE 35 201-2.2 Steel Reinforcement 35 201-2.2.1 Reinforcing Steel 35 SECTION 203 — BITUMINOUS MATERIALS 35 203-6 ASPHALT CONCRETE 35 203-6.5 Type III Asphalt Concrete Mixtures 35 203-11 ASPHALT RUBBER HOT MIX (ARHM) 35 203-11.3 Composition and Grading 35 SECTION 209 — PRESSURE PIPE 35 209-1 IRON PIPE AND FITTINGS 35 209-1.1 Ductile Iron Pipe 35 209-1.1.2 Materials 36 209-4 PVC PRESSURE PIPE 36 209-4.1 General 36 209-8 TEMPORARY WATER MAIN BY-PASS (HIGHLINE) PRESSURE PIPE 38 209-8.1 General 38 209-9 PIPE APPURTENANCES 38 209-9.1 General 38 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 39 214-4 PAINT FOR STRIPING AND MARKINGS 39 214-4.1 General 39 214-6 PAVEMENT MARKERS 39 214-6.3 Non -Reflective Pavement Markers 39 214-6.3.1 General 39 214-6.4 Retroreflective Pavement Markers 39 214-6.4.1 General 39 SECTION 215 - TRAFFIC SIGNS 39 PART 3 - CONSTRUCTION METHODS 40 SECTION 300 - EARTHWORK 40 300-1 CLEARING AND GRUBBING 40 300-1.3 Removal and Disposal of Materials 40 300-1.3.1 General 40 300-1.3.2 Requirements 40 300-1.5 Solid Waste Diversion 40 SECTION 302 - ROADWAY SURFACING 41 302-5 ASPHALT CONCRETE PAVEMENT 41 302-5.1 General 41 302-5.8 Manholes (and Other Structures) 41 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 41 302-6.7 Traffic and Use Provisions 41 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 41 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 42 303-5.1 Requirements 42 303-5.1.1 General 42 303-5.5 Finishing 42 303-5.5.2 Curb 42 303-5.5.4 Gutter 42 303-7 COLORED CONCRETE 42 303-7.1 General 42 SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 42 306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES 42 306-2.7 Shutdowns of Existing Pipelines 42 306-2.7.3 Temporary Bypasses 42 306-3 TRENCH EXCAVATION 43 306-3.1 General 43 306-3.3.1 Abandoning Water Mains 44 306-3.3.1 Removal of A.C. Pipe and Fittings 44 306-5 DEWATERING 45 306-6 BEDDING 46 306-6.1 General 46 306-8 PREFABRICATED PRESSURE PIPE 46 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning 46 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 49 600-1 GENERAL 47 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 47 314-2.1 General 47 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 47 314-4.1 General 47 314-4.2 Control of Alignment and Layout 47 314-4.2.1 General 47 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 47 314-4.4.1 General 47 314-4.4.2 Surface Preparation 48 314-5 PAVEMENT MARKERS 48 314-5.1 General 48 SECTION 315 - TRAFFIC SIGN INSTALLATION 48 PART 6 - TEMPORARY TRAFFIC CONTROL 49 SECTION 600 - ACCESS 49 600-1 GENERAL 49 600-2 VEHICULAR ACCESS 49 600-3 PEDESTRIAN ACCESS 50 SECTION 601 — WORK AREA TRAFFIC CONTROL 50 601-1 GENERAL 50 601-2 TRAFFIC CONTROL PLAN (TCP) 50 PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 50 SECTION 701 - CONSTRUCTION 50 701-17 TRAFFIC SIGNAL CONSTRUCTION 50 701-17.6 Detectors 50 701-17.6.3 Inductive Loop Detectors 50 PART 8 - LANDSCAPING AND IRRIGATION 51 SECTION 800 - MATERIALS 51 800-1 LANDSCAPING MATERIALS 51 800-1.1 Topsoil 51 800-1.1.1 General 51 SECTION 801 - INSTALLATION 51 801-1 GENERAL 801-6 MAINTENANCE AND PLANT ESTABLISHMENT [V] 51 52 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT PIER AREA WATER MAIN REPLACEMENT C-7631-2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. W -5385-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 online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). 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 Design Engineer — Tetra Tech, Inc. 17885 Von Karman Ave., Suite 500 Irvine, CA 92614 (949) 809-5000; (949) 809-5010 Fax Page 1 of 52 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess an A license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract includes: Balboa Boulevard (River Avenue to 44th Street): The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with Balboa Boulevard within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. 23rd Street: The work necessary for the completion of this contract includes: The abandonment of the 8 -inch diameter cast iron transmission main; the construction of an 8 -inch water transmission main replacement including all appurtenances, fittings, and connections with 23rd Street within this stretch of the street; and the abandonment of several adjacent smaller size cast iron distribution mains. Alleys: The work necessary for the completion of this contract includes: The removal and construction of the 6 -inch and 8 -inch diameter cast iron transmission main replacement on the alleys between 46th Street to 45th Street, 41 st Street to 38th Street, and 31St Street to 23rd Street including all appurtenances, fittings, maintain service, and connections within Balboa Boulevard, River Avenue and Seashore Drive. The work necessary for the completion of this contract includes providing traffic control, and pavement replacement per the Contract Documents. Page 2 of 52 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. 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. The design surveyor for this project is Metz Surveying and can be contacted at (661) 388-5845. 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. Add this section after Section 2-12- 2-13 PRECONSTRUCTION DVD/ VIDEO Prior to any construction activities, the Contractor shall provide the City with a DVD/video of the condition of the existing street, curb, gutter, sidewalk, medians, buildings, etc. adjacent to the proposed pipeline work. Page 3 of 52 SECTION 3 - CHANGES IN WORK M1 WA I:7_\TiV61 N N 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 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 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 in this subsection, one (1) percent may be added as compensation for bonding. Page 4 of 52 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. For PVC pipe, the Contractor shall field verify the location and depth (pothole) of all crossing utilities and services, parallel utilities in close proximity to the proposed pipeline, and point of connections at least three weeks or 1,500 feet, whichever is greater, in advance of the pipeline construction. In addition, the Contractor shall expose all utilities and services at least 200 linear feet in advance of the actual pipe excavation operations. The Contractor shall repair all potholes the same day the utility is exposed, and the Contractor shall place permanent asphalt concrete per Section 302. Temporary (cold mix) A.C. will not be allowed. Page 5 of 52 Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other 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. Add the following Sections after Section 5-6. 5-7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. 5-8 SALVAGED MATERIALS The Contractor shall salvage all existing water meter, valve box covers and fire hydrants. Salvaged materials shall be delivered to the City's Utility Yard at 949 West Page 6 of 52 161h Street. The Contractor shall make arrangements with the City for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011. 5-9 TRAFFIC SIGNAL LOOPS All traffic signal loops destroyed or damaged during construction shall be replaced or repaired by the Contractor within seven (7) calendar days per the City of Newport Beach requirements. If any traffic loops are damaged and/or impacted, the entire set of traffic loops for that run shall be replaced. The Engineer shall inspect all traffic loop construction. Contractor shall contact the City Traffic Engineering Division, at (949) 644- 3330, a minimum of 48 hours prior to disturbing any traffic signal loops. All costs for replacing or repairing traffic signal loops shall be included in the unit price contained in the Proposal. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK [moi [�%] � [+'� �:i�L� � [�] ► E-'ia:l � �1�1 � �_1► I �Zd�]►�i I ►�i I � � [N �►�i I �► � Z�] ��i�L�7:7:/ 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 160 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Page 7 of 52 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., outside of the working hours. 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. 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 10:00 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. Night work will be at the following locations. See Section 6-11-4 for additional information. A. Balboa Blvd and River Avenue cut -in valve. B. Oceanfront and 24th Street cut -in valve. C. Oceanfront and 23rd Street cut -in valve. D. 23rd St and Alley 300-L connection. The following days are designated City holidays and are non -working days: 1. January 1 st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 St (New Year's Eve) Page 8 of 52 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. Add the following Sections after Section 6-10- 6-11 SEQUENCE OF CONSTRUCTION 6-11-1 Schedule Constraints The Contractor will only be allowed to perform the potholing within the time restrictions provided by the City (assumed to be between 9:00 a.m. to 2:00 p.m. Monday through Thursday). During these work hours, the Contractor shall maintain a minimum of one lane in each direction. The Contractor shall notify the Engineer two weeks prior to performing this work and the anticipated duration of the work. Page 9 of 52 6-11-2 Sequence of Construction The proposed water main replacements will need to be sequenced in order to maintain water service to the project area and minimize impacts to the residents. The sequencing will need to be coordinated with the City a minimum of seven calendar days prior to beginning any connections and/or shut downs of existing water mains. The Contractor may use the following suggested sequencing plan or submit an alternative sequencing plan. The alternative sequencing plan shall be approved by the City prior to commencement of construction. 6-11-2.1 23rd Street and Alleys from 23rd Street to 31St Street Work shall commence at 23rd Street and work northward towards 31 sl Street. 6-11-2.2 Alleys from 41St Street to 38th Street Work shall commence on Alley 319-A and work northward to Alley 321-A. 6-11.2.3 Balboa Blvd from River Avenue to 44th Street and Alley 327 Work shall commence on Balboa Boulevard before Alley 327. 6-11-3 Isolation of Existing Water Mains The valve closures required to isolate the existing water mains for the proposed connections shall only be performed by the City. The Contractor shall maintain the supply of water to the customers at all times except for the time to make the necessary connections to the water mains or connections to the existing water meters. These shutdowns will occur at an agreed upon time. A maximum of a four-hour shut down of water facilities will be allowed during the daytime hours of 10:00 a.m. to 2:00 p.m. or a maximum of a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. Shutdowns to restaurants or hotels are limited to a maximum of a four-hour shut down between the hours of 2:00 a.m. to 6:00 a.m. The Contractor shall maintain adequate fire protection at all times during the construction of the project. It is the Contractor's responsibility to provide advance notification to and coordinate the construction with the local fire department. Several of the connections will require the shutdown of existing water mains outside of the limits shown on the construction plans. The following is a summary of the proposed connections and the corresponding impact on existing services due to the isolation of the existing water mains. Page 10 of 52 6-11-3.1 23rd Street and Alleys from 23rd Street to 31St Street To construct the cut -in valve on Oceanfront and 23rd Street, the following valves will be closed: two valves at Oceanfront and Alley 305, valve at 23rd Street and Alley 300-L, and valve at Oceanfront and Alley 304. One fire service and service to 9 customers (2 commercial customers including hotel and restaurants and 7 residential customers) will be taken out of service. The cut -in valve shall be completed within the above 4 -hour maximum night time shut down period of time. Contractor may elect to install cut -in valve at same time as cut -in valve at 24th Street to minimize shutdowns to customers. 2. To construct the cut -in valve on Oceanfront and 24th Street, the following valves will be closed: two valves at Oceanfront and Alley 305, valve at 23rd Street and Alley 300-L, and valve at Oceanfront and Alley 304. One fire service and service to 9 customers (2 commercial customers including hotel and restaurants and 7 residential customers) will be taken out of service. The cut -in valve shall be completed within the above 4 -hour maximum night time shut down period of time. Contractor may elect to install cut -in valve at same time as cut -in valve at 23rd Street to minimize shutdowns to customers. 3. To construct the cut -in valve on Oceanfront and 25th Street, the following valves will be closed: two valves at Oceanfront and Alley 307, valve at Oceanfront and Alley 305 and valve at Oceanfront and Alley 306. Two fire service and service to 9 customers will be taken out of service. The cut -in valve shall be completed within the above 4 -hour or 6 -hour maximum shut down period of time. Contractor may elect to install cut -in valve at same time as cut -in valve at 26th Street to minimize shutdowns to customers. 4. To construct the cut -in valve on Oceanfront and 26th Street, the following valves will be closed: two valves at Oceanfront and Alley 307, valve at Oceanfront and Alley 305 and valve at Oceanfront and Alley 306. Two fire service and service to 9 customers will be taken out of service. The cut -in valve shall be completed within the above 4 -hour or 6 -hour maximum shut down period of time. Contractor may elect to install cut -in valve at same time as cut -in valve at 25th Street to minimize shutdowns to customers. 5. To construct the cut -in valve on Oceanfront and 27th Street, the following valves will be closed: valve at Oceanfront and 28th Street, valve at Oceanfront and Alley 307, and valve at Oceanfront and Alley 308. One fire service and service to 10 customers will be taken out of service. The cut -in valve shall be completed within the above 4 -hour or 6 -hour maximum shut down period of time. 6. To construct the cut -in valve on Oceanfront and 28th Street, the following valves will be closed: the valve at Oceanfront and Alley 310-B, valve at Oceanfront and 28th Street, and valve at Oceanfront and Alley 309-B. Two fire services and service to 11 customers will be taken out of service. The cut -in valve shall be completed within the above 4 -hour or 6 -hour maximum shut down period of time. Page 11 of 52 Contractor may elect to install cut -in valve at same time as cut -in valve at 29th Street to minimize shutdowns to customers. 7. To construct the cut -in valve on Oceanfront and 29th Street, the following valves will be closed: the valve at Oceanfront and Alley 310-B, valve at Oceanfront and 28th Street, and valve at Oceanfront and Alley 309-B. Two fire services and service to 11 customers will be taken out of service. The cut -in valve shall be completed within the above 4 -hour or 6 -hour maximum shut down period of time. Contractor may elect to install cut -in valve at same time as cut -in valve at 28th Street to minimize shutdowns to customers. 8. To construct the cut -in valve on Oceanfront and 30th Street, the following valves will be closed: valve at Oceanfront and Alley 311-B, and two valves at Oceanfront and Alley 310-B. One fire service and service to 7 customers will be taken out of service. The cut -in valve shall be completed within the above 4 -hour or 6 -hour maximum shut down period of time. 9. To construct the cut -in valve on Oceanfront and 31s' Street, the following valves will be closed: the valve at Oceanfront and 32nd Street, two valves at Oceanfront and Alley 311-B and valve at Oceanfront and Alley 312-B. Two fire services and service to 12 customers will be taken out of service. The cut -in valve shall be completed within the above 4 -hour or 6 -hour maximum shut down period of time. 10. To construct the cut -in valve on Balboa Blvd and 29th Street, the following valves will be closed: the valve at Balboa Blvd and 30th St, valve at Balboa Blvd and 28th Street, two valves at Balboa Blvd and Alley 310-A, and two valves at Balboa Blvd and Alley 309-A. Two fire services will be taken out of service. No services will be impacted. Contractor may elect to install cut -in valve at same time as cut -in valve at 30th Street to minimize shutdowns to customers. 11. To construct the cut -in valve on Balboa Blvd and 30th Street, the following valves will be closed: the valve at Balboa Blvd and 30th St, valve at Balboa Blvd and 28th Street or new cut -in valve at Balboa Blvd and 29th Street, two valves at Balboa Blvd and Alley 310-A, and two valves at Balboa Blvd and Alley 309-A. Two fire services will be taken out of service. No services will be impacted. Contractor may elect to install cut -in valve at same time as cut -in valve at 29th Street to minimize shutdowns to customers. 12. To construct the cut -in valve on Balboa Blvd and Alley 311-A, the following valves will be closed: the valve at Balboa Blvd and Alley 312, valve at Balboa Blvd and 30th Street, and two valves at Balboa Blvd and Alley 311-A. One fire service and service to two customers will be taken out of service. The cut -in valve shall be completed within the above 4 -hour or 6 -hour maximum shut down period of time. 13. To construct the connection of the proposed 8 -inch at 23rd Street and Balboa Blvd, the following valves will be closed: valve at Balboa Blvd and 23rd Street, two valves at Balboa Blvd and 26th Street, valve at Balboa Blvd and Alley 304, Page 12 of 52 valve at Balboa Blvd and Alley 305, valve at Balboa Blvd and Alley 306, cut -in valve on Oceanfront and 23rd Street, valve at 23rd Street and Alley 300-L, and new valve at 23rd Street and Alley 300-L. Four fire service will be taken out of service. No services will be impacted. 14. To construct the connection of the proposed 8 -inch at 23rd Street and Alley 300- L, the following valves will be closed: the new valve on 23rd and Alley 300-L, valve on alley between Oceanfront and Balboa and 21 st Place, valve at alley between 23rd Street and 22nd Street, and valve at alley between 22nd Street and 21St Street. Two fire services and service to 33 customers (10 commercial customers including restaurants and 28 residential customers) will be taken out of service. The cut -in valve shall be completed within the above 4 -hour maximum night time shut down period of time. 15. To construct the connection of the proposed 6 -inch at Alley 304 on Balboa Boulevard, the following valves will be closed: two valves at the intersection of Balboa Blvd and 26th Street, valve at Balboa Blvd and 23rd Street, valves at Balboa Blvd and Alleys 306 and 305. Three fire services will be taken out of service. No customer service will be impacted as customers will be connected to highline. 16. To construct the connection of the proposed 6 -inch at Alley 305 on Balboa Boulevard, the following valves will be closed: the valve at the intersection of Balboa Blvd and Alley 305. No service will be impacted as customers will be connected to highline. 17. To construct the connection of the proposed 6 -inch at Alley 306 on Balboa Boulevard, the following valves will be closed: the valve at the intersection of Balboa Blvd and Alley 306. No service will be impacted as customers will be connected to highline. 18. To construct the connection of the proposed 6 -inch at Alley 307 on Balboa Boulevard, the following valves will be closed: the valve at the intersection of Balboa Blvd and Alley 307. No service will be impacted as customers will be connected to highline. 19. To construct the connection of the proposed 6 -inch at Alley 308 on Balboa Boulevard, the following valves will be closed: the valve at the intersection of Balboa Blvd and Alley 308. No services will be impacted as customers will be connected to highline. 20. To construct the connection of the proposed 6 -inch at Alley 309-A and 309-B on Balboa Boulevard, the following valves will be closed: the new cut -in valve at Balboa Blvd and 29th Street and valve at Balboa and 28th Street. No customer services will be impacted as customers will be connected to highline. 21. To construct the connection of the proposed 6 -inch at Alley 309-A and Newport Boulevard, the following valves will be closed: the valve at Newport Blvd and Page 13 of 52 Alley 309-A. One fire service will be taken out of service. No customer service will be impacted as customers will be connected to highline. 22. To construct the connection of the proposed 6 -inch at Alley 310-A on Balboa Boulevard, the following valves will be closed: the new cut -in valve at Balboa Blvd and 30th Street, and new cut -in valve at the Balboa Blvd and 29th Street. One fire service will be taken out of service. No customer service will be impacted as customers will be connected to highline. 23. To construct the connection of the proposed 6 -inch at Alley 310-A and Newport Boulevard, the following valves will be closed: the valve at Newport Blvd and Alley 310-A. No customer service will be impacted as customers will be connected to highline. 24. To construct the connection of the proposed 6 -inch at Alley 311-A on Balboa Boulevard, the following valves will be closed: the new cut -in valve at Balboa Blvd and Alley 311-A, and valve at the Balboa Blvd and 30th Street. No customer service will be impacted as customers will be connected to highline. 6-11-3.2 Alleys from 411t Street to 38th Street To construct the cut -in valve on Balboa Blvd and 39th Street, the following valves will be closed: the valve at Balboa Blvd and 44th Street, two valves at Balboa Blvd and 38th Street, two valves at Balboa Blvd and Alley 324-A, two valves at Balboa Blvd and Alley 323-A, two valves at Balboa Blvd and Alley 322-A, two valves at Balboa Blvd and Alley 321-A, two valves at Balboa Blvd and Alley 320- A, and two valves at Balboa Blvd and Alley 319-A. Three fire service and two 2" DIP laterals will be taken out of service. The cut -in valve shall be completed within the above 4 -hour maximum night time shut down period of time. Contractor may elect to install cut -in valve at same time as cut -in valve at Alley 320-A to minimize shutdowns to customers. 2. To construct the cut -in valve on Balboa Blvd and Alley 320-A, the following valves will be closed: the valve at Balboa Blvd and 44th Street, two valves at Balboa Blvd and 38th Street, two valves at Balboa Blvd and Alley 324-A, two valves at Balboa Blvd and Alley 323-A, two valves at Balboa Blvd and Alley 322- A, two valves at Balboa Blvd and Alley 321-A, two valves at Balboa Blvd and Alley 320-A, and two valves at Balboa Blvd and Alley 319-A. Three fire service and two 2" DIP laterals will be taken out of service. The cut -in valve shall be completed within the above 4 -hour maximum night time shut down period of time. Contractor may elect to install cut -in valve at same time as cut -in valve at 39th Street to minimize shutdowns to customers. 3. To construct the connection of the proposed 6 -inch at Alley 319-A on Balboa Boulevard, the following valves will be closed: the new cut -in valve at Balboa Blvd and 39th Street, two valves at Balboa and 38th Street and valve at Balboa Blvd and Alley 319-A. No customer services will be impacted as customers will be connected to highline. Page 14 of 52 4. To construct the connection of the proposed 6 -inch at Alley 319-A on River Avenue and Balboa Boulevard, the following valves will be closed: the valve on River Avenue and Alley 319-A. No customer services will be impacted as customers will be connected to highline. 5. To construct the connection of the proposed 6 -inch at Alley 320-A on Balboa Boulevard, the following valves will be closed: the new cut -in valve at Balboa Blvd and Alley 320-A, valve at Balboa and 44th Street, two valves at Balboa and Alley 324-A, two valves at Balboa and Alley 323-A, two valves at Balboa and Alley 322-A, two valves at Balboa and Alley 321-A and valve at Balboa Blvd and Alley 320-A. Two fire services and two 2 -inch DIP services will be impacted. The connection shall be completed within the above 4 -hour or 6 -hour maximum shut down period of time. Contractor may elect to install connection at same time as connection at Alley 321-A to minimize shutdowns to customers. 6. To construct the connection of the proposed 6 -inch at Alley 320-A on River Avenue and Balboa Boulevard, the following valves will be closed: the valve on River Avenue and Alley 320-A. No customer services will be impacted as customers will be connected to highline.. 7. To construct the connection of the proposed 6 -inch at Alley 321-A on Balboa Boulevard, the following valves will be closed: the new cut -in valve at Balboa Blvd and Alley 320-A, valve at Balboa and 44th Street, two valves at Balboa and Alley 324-A, two valves at Balboa and Alley 323-A, two valves at Balboa and Alley 322-A, two valves at Balboa and Alley 321-A and valve at Balboa Blvd and Alley 320-A. Two fire services and two 2 -inch DIP services will be impacted. The connection shall be completed within the above 4 -hour or 6 -hour maximum shut down period of time. Contractor may elect to install connection at same time as connection at Alley 320-A to minimize shutdowns to customers. 8. To construct the connection of the proposed 6 -inch at Alley 321-A on River Avenue and Balboa Boulevard, the following valves will be closed: the valve on River Avenue and Alley 321-A. No customer services will be impacted as customers will be connected to highline. 6-11-3.3 Balboa Boulevard from River Avenue to 44th Street and Alley 327 1. To construct the cut -in valve on River Avenue east of Balboa Blvd, the following valves will be closed: valve to River Avenue lateral in Newport Boulevard, the valve east of the tee on River Avenue to the north lateral, and valve at PCH tee. Service to 16 customers (12 commercial customers including restaurants and 4 residential customers) will be taken out of service. The cut -in valve shall be completed within the above 4 -hour maximum night time shut down period of time. 2. To construct the connection of the proposed 8 -inch on River Avenue east of Balboa Blvd, the following valves will be closed: the new cut -in valve on River, Page 15 of 52 and valve to River Avenue lateral at Balboa Boulevard. No services will be impacted. 3. To construct the connection of the proposed 8 -inch on Channel Place, the following valves will be closed: the valve to Channel Place lateral at Balboa and 45th Street and valve on Channel Place west of the tee at the intersection of Channel Place and 44th Street. Service to 4 customers will be taken out of service. The connection shall be completed within the above 4 -hour or 6 -hour maximum shutdown period of time. 4. To construct the connection of the proposed 6 -inch at Alley 326 on Balboa Blvd, the following valves will be closed: the valve to southbound Balboa Blvd at Alley 328 and Balboa, valve at 46th St and Balboa, and valve at Alley 327 and Balboa. Two fire services and two customers will be taken out of service. The connection shall be completed within the above 4 -hour or 6 -hour maximum shutdown period of time. 5. To construct the connection of the proposed 6 -inch at Alley 327 and Seashore Drive, the following valves will be closed: the valve at Alley 327 and Seashore Drive. No services will be impacted as customers will be connected to highline. 6. To construct the connection of the proposed 6 -inch at Alley 327 on Balboa Blvd, the following valves will be closed: the valve to southbound Balboa Blvd at Alley 328 and Balboa, valve at 46th St and Balboa, and valve at Alley 326 and Balboa. Two fire services and two customers will be taken out of service. The connection shall be completed within the above 4 -hour or 6 -hour maximum shutdown period of time. 7. To construct the connection of the proposed 6 -inch at 4611 Street on Balboa Blvd, the following valves will be closed: the valve to southbound Balboa Blvd at Alley 328 and Balboa, valve at Alley 327 and Balboa, and valve at Alley 326 and Balboa. Two fire services and two customers will be taken out of service. The connection shall be completed within the above 4 -hour or 6 -hour maximum shutdown period of time. 8. To construct the connection of the proposed 8 -inch on Balboa Boulevard and River Ave, the following valves will be closed: the valve on River Avenue and 47th Street and three valves on Balboa and Alley 328. Service to one customer will be taken out of service. The connection shall be completed within the above 4 -hour or 6 -hour maximum shutdown period of time. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Page 16 of 52 If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -mixed concrete for public works contracts are subject to prevailing wages. 7-5 PERMITS Delete the first sentence and add the following to the end of this section: "An OSHA permit to perform excavation or trench work will be required for this project and shall be the responsibility of the Contractor to obtain prior to the start of the work. All groundwater, pipeline dewatering and flushing shall be discharged to the nearest sewer facility. The Contractor will not be allowed to discharge any groundwater, pipeline dewatering or flushing to any storm drain facility or discharge it to the ocean. The Contractor will be required to apply for a Special Purpose Discharge Permit from the OCSD for discharging of all groundwater, pipeline dewatering and flushing to the nearest sewer facility. A copy of the Application Form, Certification of Accuracy of Information, Sewer Connection Verification Statement, Certification of Responsible Officer and Option to Designate Signatory are attached as Appendix A. The Contractor will need to obtain this permit and comply with all of its requirements in order to discharge to the nearest sewer facilities. The permit fee is $2,365.58 and shall be paid by the Contractor. The Contractor shall allocate a minimum of fifteen (15) working days for this process. The Contractor will be required to analyze a representative sample of the groundwater to be dewatered by the Project, for Total Toxic Organics (TTO's), Volatile Organic Compounds, Selenium, Heavy Metals, Arsenic, and Total Dissolved Solids (as a minimum). In cases where chlorine addition is used for disinfection, the Contractor shall also monitor for chlorine. The Contractor will be required to install and maintain a desilting tank for settling and removal of solids in the groundwater before discharge to the sewer mains. Contractor will be required to install a flow meter on the discharge line from the desilting tank. The meter shall have a known accuracy of ±5%, and upon commencement of construction Page 17 of 52 dewatering, the Contractor must report volume totals to OCSD on a weekly basis. A sample port with valve assembly shall be installed on the discharge line from the desilting tank, and in an accessible location for subsequent sampling by both the Contractor and OCSD. The Contractor will be prohibited from discharging during a rain/storm event. The Contractor shall conduct monitoring of the groundwater discharge as specified for the purpose of determining the status of compliance and suitability for discharge. For the purpose of monitoring the groundwater discharge associated with the Project, the Contractor shall collect grab samples from the desilting effluent discharge within the first week upon commencement of the discharge, and lastly, approximately one month before project shutdown. The constituents to be analyzed will include heavy metals (chrome, copper, nickel, zinc), plus arsenic and selenium (by EPA method 60106), total suspended solids, and total toxic organics (by EPA method 624). Copies of all sampling results/lab reports must be submitted to OCSD within 15 days of the sampling date. The project site is less than 1 acre, therefore, the preparation of a SWPPP is not required. The statewide general NPDES permit does not apply either to this project. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 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 Page 18 of 52 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 Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com. 7-8.6.2 Best Management Practices (BMPs) 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. Since the project disturbs less than one (1) acre of land, the preparation of a SWPPP is not required. The statewide general NPDES permit does not apply either to this project. 7-8.6.4 Dewatering Groundwater will be encountered during the excavation of the project. The Contractor will be responsible for providing, installing, maintaining and operating a dewatering system in the project area if groundwater is encountered. The Contractor's dewatering operations shall conform with all requirements of the OCSD's Special Purpose Discharge Permit. See Section 7-5, as amended, for specific requirements. The Page 19 of 52 elevation of free groundwater may vary depending on tides. Based on previous experience with construction in the area, it was determined that groundwater was entering the trench every time the contractor encountered a cross utility. The existing utility trench was acting as a french drain. For bidding purposes, the Contractor shall assume that free groundwater will be encountered at all excavations over three feet of cover. The Contractor shall provide and maintain, at all times during construction, ample means and devices to promptly remove and properly dispose of all water from any source, including groundwater, and water migrating through the bedding of existing sewers or storm drains or other existing utilities, entering the excavations. Costs for dewatering of all water shall be the Contractor's responsibility and shall be included within the Lineal Foot Price for Project Dewatering and no additional compensation will be allowed therefor. The Contractor shall confirm that the receiving sewer system has the capacity to take the estimated flows during dry and wet weather conditions and whether or not the water quality is acceptable and will not cause any permit violations. The following discharges are prohibited: oil, grease, fuel, sludge, trash, chemicals, and any other items which would adversely affect water quality. Water shall not be discharged into OCSD sewer facilities during a wet -weather storm event. For all dewatering operations, each disposal point shall have a calibrated, non- resettable totalizing effluent flow meter with a flow accuracy of plus or minus 5 percent to track the dewatering discharges. The Contractor shall submit weekly reports showing total amount of discharge at each point with meter readings and other data necessary to support the quantity reported. Also, an accessible sample collection point shall be provided immediately upstream of all points of discharge. The Contractor shall provide OCSD's Source Control staff and Engineer unrestricted access to the facility and site to inspect, monitor, or verify compliance with OCSD's Permit requirements. All dewatering operations require the use of a desilting tank with a stainless steel sampling port and a drip container so that the Engineer may collect periodic dewatering samples. Additionally, the desilting tanks shall be covered with sturdy and air -tight covers so no odors can escape, and no illegal dumping is possible. The air -tight covers shall be maintained throughout the dewatering period, and only removed when necessary for silt removal or other maintenance activities. The desilting tank shall be located in a safe and easily accessible location. The system used for desilting the water shall be a baffled structure and shall provide not less than 5 minutes detention time and have a "flow-through" velocity not exceeding 0.2 foot per second at the anticipated peak flow. The desilting box shall be cleaned as required to maintain the detention time and flow-through limitations specified above. The intent is to avoid any addition of soil materials from dewatering operations into the receiving sewer system. Page 20 of 52 All dewatering operations with detectable levels of TTO's, or evidence of TTO's in the extraction zone, or significant amounts of volatile organics, may require the use of granular activated carbon (GAC) filters in lead -lag arrangement or other suitable technology to meet OCSD's TTO limit of 0.58 mg/L and mitigate an Lower Explosion Limit (LEL) event. Note that additional particle filtration is typically provided upstream of the GAC filters to prevent fouling and to extend the life of the carbon. The GAC filters shall be equipped with a stainless steel sampling port and a drip container on the final stage discharge outlet so that the Engineer may collect periodic dewatering samples. Additionally, the GAC filters shall be air -tight so no odors can escape, and no illegal dumping is possible. The air -tight covers shall be maintained throughout the dewatering period, and only removed when necessary for carbon change out or other maintenance activities. The GAC filters shall be located in a safe and easily accessible location. Each GAC filter shall provide enough detention time to meet OCSD's TTO limit of 0.58 mg/L. The carbon shall be changed in the lead GAC filter when the TTO as measured in the discharge of the lead GAC filter is at 0.58 mg/L, or as required. The GAC filters and additional particle filtration equipment upstream of the GAC filters shall be cleaned as required to maintain the detention time and flow-through limitations as specified above. The intent is to avoid any addition of soil materials from dewatering operations into the receiving sewer system or fouling of the GAC filter carbon media. The method of pretreatment and point of disposal of water shall be subject to the District's Source Control staff and the Engineer's approval. 7-10 SAFETY 7-10.1 Traffic and Access The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans to be prepared by the Contractor (see Section 7-10.3). 7-10.2 Street Closures, Detours and Barricades The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plan(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall assume that the review process will take four weeks for the first submittal and two weeks for the Page 21 of 52 second submittal. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. The traffic control concepts are specified on the plans. Flashing arrow boards shall be used for each traffic lane closures. The Contractor shall provide two (2) solar powered changeable message signs (CMS) for the proposed work. The CMS shall be posted in advance of the pipeline work and shall be located at each end of the work on Balboa Boulevard (River Avenue to 4411 Street). These CMS can be LED full matrix or letter matrix or equivalent, with three (3) rows of preferred 8" letters (minimum of 6"). The overall width of the sign including the trailer shall not exceed 8 feet. The messages and sign location shall be agreed upon with the City. 6. The Contractor will be allowed to close one alley or street at a time to complete the work. Work in other alleys and streets can take place if not immediately adjacent to the first area of work and does not cause any other impacts to residents, such as lost street parking. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 7. The contractor will not be allowed to close any eastbound lanes of traffic on Balboa Boulevard until after 8:00 A.M. 8. 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. The Contractor shall not close both parallel crosswalks or sidewalks at the same time. Page 22 of 52 9. 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 10. 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. 11. Parking will need to be prohibited, as needed, by posting approved "No Parking" signs at a minimum of 48 hours prior to the upcoming construction. 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.5.3 Steel Plate Covers Page 23 of 52 Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. Steel plates utilized on Balboa and Newport Boulevard, where there is existing asphalt pavement at the surface, shall be pinned and recessed flush with existing asphalt pavement surface. Where there is concrete pavement at the surface, and all other streets, or alleys, the steel plates shall be placed on top of the existing pavement. Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway by a minimum of two (2) dowels pre -drilled into the corners of the plate and drilled 2 -inches into the pavement. Subsequent plates shall be butted to each other. Fine grade hot mix asphalt shall be compacted to form ramps and to feather the edges of the plates with a maximum slope of 8.5% with a minimum of 12 -inch taper to cover all edges of the steel plates. When the steel plates are removed, the dowel holes in the pavement shall be backfilled with either graded fines or asphalt concrete hot mix, concrete slurry or an equivalent slurry that is satisfactory to the City. Ultimately, the area of the dowels will need to be replaced with the final pavement restoration work. The Contractor shall be responsible for maintenance of the steel plates, shoring and asphalt concrete ramps. The following conditions apply for both plate installation methods: steel plates shall extend a minimum of 12 -inches beyond the edges of the trench; steel plate bridging shall be installed to operate with minimum noise; and trench shall be adequately shored to support the bridging and traffic loads. 7-10.6 Notices to Residents and Businesses Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-10.7 Street Sweeping Signs and Parking Meters After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction Page 24 of 52 with a "PERMIT PARKING ONLY' sign, in a manner approved by the Engineer. The Contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY' signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach "PERMIT PARKING ONLY" signs are available from the Engineer. 7-10.8 Temporary Parking Permits In addition to the forty-eight hour notice specified above in 7-10.6 (Notices to Residents and Businesses), the Contractor shall hand out two Temporary Parking Permits to each residence adjacent to the alley construction. The Temporary Parking Permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 7-17 TEMPORARY WATER MAIN BY-PASS Page 25 of 52 7-17.1 General As a part of this project, the Contractor will be responsible for installation of the temporary by-pass water system (highline) as described in these special provisions and the plans. The Contractor can commence installation of new mains once the temporary by-pass system is in place and has passed a disinfection test. The Contractor shall have the by-pass line inspected by City personnel prior to commencing the project. If at any time, the temporary by-pass water system is damaged, it will be the Contractor's responsibility to repair and replace any damaged or destroyed section to the satisfaction of the City. All costs associated with repair and replacement of the highline will be the sole responsibility of the Contractor. The Contractor shall adhere to the following special provisions when installing temporary by-pass systems: 1. Water service shall be maintained to all customers at all times except as necessary to install the temporary by-pass system. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. It is recommended that two (2) 2 -inch steel by-pass lines shall be installed, one on either side of the alley adjacent to the meter boxes. All temporary piping crossing streets shall be buried and paved flush with the existing surface. 3. The Contractor shall make arrangements for disinfection and bacteriological testing and certification of the by-pass systems. The Contractor shall be responsible for disinfection and flushing the by-pass systems as well as pulling the bacteriological samples and running the incubations tests for coliform bacteria. 4. The Contractor will then relocate meters and connect services to temporary by- pass systems. Upon acceptance by the City of new water mains, after the water services have been reinstalled by the Contractor, the Contractor will disconnect the temporary by-pass system at each service connection and reinstall meters. The temporary water main by-pass system installed at any given time shall not exceed the water services between any single alley section (from local street intersection to local street intersection) unless approved in writing by the City in advance of the work, including specific limits of the proposed by-pass. 7-18 WATER MAIN PRESSURE TESTING, DISINFECTION AND FLUSHING 7-18.1 General Page 26 of 52 As a part of this project, the Contractor will be responsible for pressure testing, disinfection and flushing of the new water mains. The Contractor shall adhere to the following special provisions for pressure testing, disinfection and flushing of new water mains and services and Sections 207-21.7, 207- 21.7.1, 207-21.7.2, 306-1.4.5 (Water pressure test) and 306-1.4.7 (Water main Disinfection) of the Standard Special provisions: 1. Water service shall be maintained to all customers at all times except as necessary to transfer service from the old main to the new main. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. Contractor shall pressure test new main lines including any services prior to disinfection. 3. The Contractor shall make arrangements for disinfection and bacteriological testing and certification of the new main and services. The Contractor shall be responsible for disinfection and flushing the main and services as well as pulling the bacteriological samples and running the incubations tests for coliform bacteria. 4. Upon successful completion of the pressure testing and disinfection, the Contractor shall thoroughly flush all mains and services prior to connection to customers. Flushing of services shall be done at the new angle stop and fittings shall be utilized such that the meter box is not flooded by the flushing operation. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. For all pipelines being constructed within pavement areas consisting of asphalt concrete pavement over existing concrete pavement, the replacement of the concrete pavement within the trench section shall be paid for within the linear foot or lump sum bid item for the Page 27 of 52 pipeline or appurtenance being constructed. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization, Demobilization and Cleanup: Work under this item shall include providing bonds, insurance, permits, and financing, establishing a field office, preparing and implementing the BMP Plan, preparing and updating the construction schedule as needed, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This includes, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to and from the site, securing a temporary construction yard, providing temporary construction fencing with screens, and maintaining the project site in a safe and orderly manner during construction. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Furnish and Install 12 -inch PVC Pipe (AWWA C900, DR14, CL305): Work under this item shall include furnishing and installing all pipe material including, but not limited to, removing and disposing existing pavement/ concrete and replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans (except for the grind and cap), temporary paving and patching or trench plates, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, installing pipe, fittings, couplings, thrust blocks, coatings, metallic warning tape or locater wire, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 3 Furnish and Install 8 -inch PVC Pipe (AWWA C900, DR14, CL305) Within Balboa Boulevard with PCC beneath AC: Work under this item shall include furnishing and installing all pipe material including, but not limited to, removing and disposing existing pavement/ concrete and replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans (except for the grind and cap), temporary paving and patching or trench plates, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, installing pipe, fittings, couplings, thrust blocks, coatings, metallic warning tape or locater wire, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 4 Furnish and Install 8 -inch PVC Pipe (AWWA C900, DR14, CL305): Work under this item shall include furnishing and installing all pipe material including, but not limited to, removing and disposing existing pavement/ concrete and replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans (except for the grind and cap), temporary paving and patching or trench plates, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, installing pipe, fittings, Page 28 of 52 couplings, thrust blocks, coatings, metallic warning tape or locater wire, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 5 Furnish and Install 6 -inch PVC Pipe (AWWA C900, DR14, CL305). Remove Existing 6 -inch ACP and Install in Same Alignment: Work under this item shall include furnishing and installing all pipe material including, but not limited to, removing and disposing existing AC pipe material, removing and disposing existing pavement/ concrete and replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans (except for the grind and cap), temporary paving and patching or trench plates, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, installing pipe, fittings, couplings, thrust blocks, coatings, metallic warning tape or locater wire, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 6 Furnish and Install 6 -inch PVC Pipe (AWWA C900, DR14, CL305): Work under this item shall include furnishing and installing all pipe material including, but not limited to, removing and disposing existing pavement/ concrete and replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans (except for the grind and cap), temporary paving and patching or trench plates, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, installing pipe, fittings, couplings, thrust blocks, coatings, metallic warning tape or locater wire, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 7 Furnish and Install 4 -inch PVC Pipe (AWWA C900, DR14, CL305). Remove Existing 4 -inch ACP and Install in Same Alignment: Work under this item shall include furnishing and installing all pipe material including, but not limited to, removing and disposing existing AC pipe material, removing and disposing existing pavement/ concrete and replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans (except for the grind and cap), temporary paving and patching or trench plates, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, installing pipe, fittings, couplings, thrust blocks, coatings, metallic warning tape or locater wire, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 8 Furnish and Install Connection to Existing Water Main Per Connection Detail: Work under this item shall include furnishing and installing all pipe material including, but not limited to, removing and disposing existing pavement/ concrete and Page 29 of 52 replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans (except for the grind and cap), temporary paving and patching or trench plates, exposing utilities in advance of pipe excavation operations, confirming valve end fitting, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, installing PVC pipe, fittings, couplings, thrust blocks, coatings, providing connection to existing piping, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 9 Furnish and Install 8 -inch Gate Valve and Valve Box: Work under this item shall include furnishing and installing an 8 -inch ductile iron resilient wedge gate valve including but not limited to, valve, valve operator, valve box and cover and valve extension and all other work items as required to complete the work in place. Item No. 10 Furnish and Install 6 -inch Gate Valve and Valve Box: Work under this item shall include furnishing and installing a 6 -inch ductile iron resilient wedge gate valve including but not limited to, valve, valve operator, valve box and cover and valve extension and all other work items as required to complete the work in place. Item No. 11 Furnish and Install 12 -inch Cut -in Valve including Piping & Fittings: Work under this item shall include furnishing and installing a 12 -inch ductile iron resilient wedge gate valve including but not limited to, valve, valve operator, valve box and cover, valve extension, pavement removal and replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans, temporary paving and patching or trench plates, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, installing pipe, couplings, fittings, valve anchor block, coatings, metallic warning tape or locater wire, providing connections to existing piping, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 12 Furnish and Install 8 -inch Cut -in Valve including Piping & Fittings: Work under this item shall include furnishing and installing a 8 -inch ductile iron resilient wedge gate valve including but not limited to, valve, valve operator, valve box and cover, valve extension, pavement removal and replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans, temporary paving and patching or trench plates, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, installing pipe, couplings, fittings, valve anchor block, coatings, metallic warning tape or locater wire, providing connections to existing piping, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 13 Furnish and Install 6 -inch Cut -in Valve including Piping & Fittings: Work under this item shall include furnishing and installing a 8 -inch ductile iron resilient Page 30 of 52 wedge gate valve including but not limited to, valve, valve operator, valve box and cover, valve extension, pavement removal and replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans, temporary paving and patching or trench plates, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, installing pipe, couplings, fittings, valve anchor block, coatings, metallic warning tape or locater wire, providing connections to existing piping, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 14 Furnish and Install Fire Hydrant: Work under this item shall include furnishing and installing a new fire hydrant assembly in accord with City Standard STD - 500 -L, including but not limited to, fire hydrant, breakable spool, fire hydrant bury, PVC pipe, 6 -inch ductile iron resilient wedge gate valve, valve operator, valve box and cover, valve extension, fittings, pavement and sidewalk removal and replacement, temporary paving and patching or trench plates, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, thrust block, coatings, metallic warning tape or locater wire, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 15 Furnish and Install 2 -inch Service Connection Per CNB Std -503-L: Work under this item shall include furnishing and installing service connection including, but not limited to, service saddle, corporation stop, copper tubing, fittings, angle meter or curb stop, meter box and customer valve, adapters, nuts, bolts, gaskets, pavement replacement, temporary paving and patching or trench plates, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, coatings, connecting to existing meter within the meter box, adjusting customer piping to meter, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 16 Furnish and Install 1 -inch Service Connection Per CNB Std -502-L: Work under this item shall include furnishing and installing service connection including, but not limited to, service saddle, corporation stop, copper tubing, fittings, angle meter or curb stop, meter box and customer valve, adapters, nuts, bolts, gaskets, pavement replacement, temporary paving and patching or trench plates, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, coatings, connecting to existing meter within the meter box, adjusting customer piping to meter, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Page 31 of 52 Item No. 17 Furnish and Install 4 -inch Fire Department Connection Assembly: Work under this item shall include furnishing and installing fire service connection including, but not limited to, gate valve, DIP pipe, fittings, nuts, bolts, gaskets, pavement replacement, temporary paving and patching or trench plates, trench excavation, shoring, bracing, controlling ground and surface water, bedding, backfill, compaction, slurry backfill, coatings, connecting to existing fire service connection, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 18 Pothole Utilities and Connections: Work under this item shall include potholing of all utilities and connections prior to PVC pipeline construction including, but not limited to, pavement removal and replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans (except for grind and cap), temporary paving and patching or trench plates, excavation, exposing existing utility or point of connection, verifying horizontal and vertical location, providing information to the City, backfill, compaction, and all other work items as required to complete the work in place. Contractor will only be compensated for utilities and connection points that are found. The Contractor will not be paid for locations where no utility was located. Item No. 19 Pressure Test, Disinfect and Flush New Mains: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. Item No. 20 Replace Traffic Loops Damaged by Construction: Work under this item shall include the removal and replacement of all traffic loops damaged during the construction activities per the project specifications and the City Standards. No additional compensation will be allowed for multiple replacement of the same traffic loops (temporary loops) due to construction phasing. Item No. 21 Grind AC and Place Final Asphalt Pavement Overlay: Work under this item shall include the grinding and placing of final asphalt paving overlay with either conventional hot mix asphalt concrete or asphalt rubber hot mix (ARHM) in accordance with the City of Newport Beach requirements and per Table 1 within the Repaving Detail on Sheet C-505 of the plans, complete in place. The Contractor will be compensated with this bid item for only the grinding and capping required by the plans. The City will not pay for additional quantity of grinding and placing of paving cap, which may be required due to the Contractor's construction operations. This work will be done at the Contractor's own expense. Item No. 22 Restripe Fire Lane Lines Within Alleys: 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. 23 Remove and Replace Existing Sidewalk: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing Page 32 of 52 and disposing the existing sidewalk, grading and compacting subgrade, constructing concrete sidewalk, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 24 Remove and Replace Existing Curb and Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete curb and gutter, grading and compacting subgrade, reconstructing existing curb openings and curb drains, constructing concrete curb and gutter, constructing asphalt concrete slot paving adjacent to the curb and gutter, re -chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 25 Remove and Replace Existing Brick Pavers and Landscaping: Work under this item shall include all materials, labor and equipment to remove and replace in-kind the existing brick pavers, landscaping (ground cover and bushes), irrigation piping and wiring, and all other work necessary to complete work in place. Item No. 26 Remove Abandoned Utilities: Work under this item shall include removing and disposing existing pipe material, removing and disposing existing pavement/ concrete and replacement per Table 1 within the Repaving Detail on Sheet C-505 of the plans (except for the grind and cap), temporary paving and patching or trench plates, trench excavation, shoring, bracing, controlling ground and surface water, backfill, compaction, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place." Item No. 27 Furnish and Install Temporary Water Main Bypass System: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing a temporary water main bypass system (highline) including piping, valves, fittings, connecting and removing services, removing the temporary water main bypass system, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 28 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs, covering conflicting existing signs, and all costs incurred notifying residents and businesses. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed Traffic Engineer, and providing the traffic control required by the project including, but not limited to, signs, delineators, traffic cones, barricades, flashing arrow boards, changeable message signs, K -rail, temporary striping, restriping, and flag persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 29 Surveying Services: Work under this item shall include providing all surveying for the project including construction staking and replacement of any damaged survey monuments, filing of corner records, re-establishment of property Page 33 of 52 corners disturbed by the work, and any other incidental items required to complete the work in place. Item No. 30 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $5,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. Item No. 31 Project Dewatering: Procure, Implement, and Conform to OCSD Permit: Work under this item shall include preparing an application for the OCSD Special Purpose Discharge Permit including necessary groundwater quality testing, obtaining the permit, paying for the permit fee, implementing the permit requirements including all equipment (well point system), desilting tank, meter and other facilities, and providing the required monitoring testing and reporting requirements included in the OCSD permit, and all other appurtenant work to comply with the OCSD Permit for all project dewatering. Item No. 32 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 Station of California. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR. AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE Page 34 of 52 201-1.1 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. 201-1.1.3 Concrete Specified by Special Exposure High -early strength concrete shall be non -chloride admixtures which meet the requirements of ASTM C494. Acceptable products are Pozzutec 20 and Pozzolith NC 534 by Master Builders, Inc. or approved equal. Concrete shall reach 2,500 psi by four (4) hours. K17i&AN4V170]:0]4IVi1=11!ki70]:Zere7►us] 0=1114 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures 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). 203-11 ASPHALT RUBBER HOT MIX (ARHM) 203-11.3 Composition and Grading Asphalt rubber hot mix finish course shall be ARHM-GG-C. SECTION 209 — PRESSURE PIPE 209-1 IRON PIPE AND FITTINGS 209-1.1 Ductile Iron Pipe Page 35 of 52 209-1.1.2 Materials All flanged pipe joints shall be joined utilizing Type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full-faced, cloth reinforced Buna-N rubber. Flex and transition couplings used to join pipes in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe harness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all -thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from stainless steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints. Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21-10) and shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 Stainless Steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full-faced Buna-N, nylon impregnated rubber. Ductile iron pipe fittings and valves buried underground shall be protected with a polyethylene encasement (plastic film wrap) in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene. 209-4 PVC PRESSURE PIPE 209-4.1 General All PVC pressure pipe shall be DR -14 (CL 305) for pipes 12 -inches in diameter and smaller. All PVC pipe shall be colored blue. All fittings for PVC pressure pipe shall be ductile iron and shall be in accordance with the Section 209-1.1.2 of these Special Provisions. All fittings connecting PVC pipe shall be either push -on type or have mechanical joint ends and shall be thrust -blocked and Page 36 of 52 anchored in accordance with the City Standard Plans. Mechanical joints will not need to be fitted with retainer glands. Compact body fittings (AWWA C153) will not be permitted. Service saddles shall be designed for use on AWWA C900 and C905 PVC pipe for 1 - inch and 2 -inch diameter outlets. Service saddles shall be manufactured of brass with stainless steel band. The strong, extra wide fabricated stainless steel band will conform to the PVC pipe surface resulting in nearly 360 degree contact with the pipe. Each saddle shall accurately fit the contour of the pipe O.D. without causing distortion of the pipe. The saddle shall be securely held in place with Type 316 stainless steel hex -head screws or bolts. The brass service saddle shall be manufactured by Ford Style 202BS, Smith -Blair Series 325, A.Y. McDonald Model 3845, or approved equal. The PVC pipe shall not be laid along curves at a radius less than 1,146 feet for 20 foot pipe lengths or 573 feet for 10 foot pipe lengths. The minimum radius curves are determined by the limit of 1 -degree deflection for C-900 and C-905 PVC pipe joints with factory -assembled bell couplings. For integral bell PVC pipe, the minimum radius curve obtained by deflecting joints shall not exceed the manufacturer's recommendation (which may be less than 1 degree). Pipe may not be offset to a degree such that the spigot end of the pipe deflects (touches) against the end of the pipe bell. Pipe sections shall be bent to achieve a curve. For curves of smaller radius, ductile -iron fittings or high deflection couplings shall be used. High deflection couplings may be used for angles of 4 degrees or less. The high deflection couplings shall be PVC couplings, meeting the requirements of AWWA C900, with twin elastomeric gaskets which allow two (2) degrees of deflection at each gasket for a total of four (4) degrees per coupling. The couplings shall be provided for ductile iron equivalent outside diameter and have a 200 psi working pressure rating. The high deflection couplings shall be "High Deflection (HD) Stop Couplings" as manufactured by CertainTeed, or approved equal. For closure applications, PVC couplings, meeting the requirements of AWWA C900, with twin elastomeric gaskets which are designed to connect plain ends of pipe can be used. The couplings shall be provided for ductile iron equivalent outside diameter and have a 200 psi working pressure rating. The closure couplings shall be "Closure/Repair Couplings" as manufactured by CertainTeed, or approved equal. Do not deflect pipe in these couplings. All PVC pressure pipe shall have a tracer wire or metallic warning tape installed per Section 207-22.7.1 of the City's Standard Special Provisions, 2004 Edition. At service lines and air and vacuum valve assemblies, the wire or tape shall be extended up into the meter box or cover enclosure. The wire or tape shall be brought to the surface at valve locations and shall be accessible by removing the valve can cover. The Contractor shall perform an electrical continuity test for each length of PVC pipe and shall provide the City with the results of the test. The Contractor shall perform the initial electrical continuity test, and all subsequent testing required due to the failure of the wire or tape to be electrically continuous, at the expense of the Contractor. Page 37 of 52 209-8 TEMPORARY WATER MAIN BY-PASS (HIGHLINE) PRESSURE PIPE 209-8.1 General The general requirements for temporary water main by-pass is specified in Section 7- 17.1 of these Special Provisions. Highline piping and appurtenances shall be suitable for potable water service and shall have a minimum pressure rating of 200 psi. The highline piping shall be Victualic joint welded steel pipe or aluminum pipe and shall be suitable for potable water service. Piping shall be a minimum of 6 -inches in diameter or two (2) 2 -inch by-pass lines, one on each side of the alley adjacent to the meter boxes. All highlining facilities shall be disinfected after installation and prior to be placed into operation. Pressure testing is not required, but the piping and connections shall not leak. All visible leaks shall be repaired immediately. No highline piping shall be allowed to be traveled over without adequately protecting the highlining pipe as well as, safely ramping the pipe for vehicle protection. The Contractor shall obtain approval from the City for all highline piping crossing driveways or streets. Adequate protection of vehicles crossing the highline will be the sole responsibility of the Contractor. The Contractor may consider a shallow trench for the highline if ramping is not feasible. 209-9 PIPE APPURTENANCES 209-9.1 General Unless otherwise specified, all pipe appurtenances shall comply with the appropriate Standard Drawings of the City of Newport Beach and Section 207-22 of the City's Standard Special Provisions, 2004 Edition, unless modified herein. All materials and equipment installed in the City's public water system shall meet all state and federal standards, as well as standards developed by nationally recognized organizations such as AWWA, ANSI, and NSF. In order to protect human health, all materials, chemicals, lubricants, and products in contact with drinking water shall be tested and certified as meeting NSF/ANSI Standard 60 (Drinking Water Treatment Chemicals — Health Effects) and ANSI/NSF 61 (Drinking Water System Components — Health Effects). In addition, all materials coming in contact with potable water shall be lead-free per California Health and Safety Code Section 116875. All materials are required to be certified as lead-free by NSF or other ANSI accredited certifier per SB 1953. 209-9.2 Valve Boxes. Valve boxes shall comply with the appropriate Standard Drawing of the City and Section 207-22.4 of the City's Standard Special Provisions, 2004 Edition. 209-9.3 Sleeve -Type Couplings. Sleeve -type couplings shall comply with Section 207-22.6 of the City's Standard Special Provisions, 2004 Edition. Page 38 of 52 209-9.4 Nuts and Bolts. Above ground and buried nuts and bolts for flanges shall be Type 316 stainless steel conforming to ASTM A 193, Grade B81VI for bolts, and ASTM A 194, Grade 8M for nuts. A washer shall be provided for each nut. Washers shall be of the same material as the nuts. Bolts for flange insulation kits shall conform to ASTM A 193, Grade B7. Nuts shall conform to ASTM A 194, Grade 2H. 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. PASL111:i7_VI4LVA 14►11ALTA /_1VN4*"'l 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. 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 (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2'/4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. Page 39 of 52 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. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. 300-1.5 Solid Waste Diversion Page 40 of 52 Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks'/4-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4 -inch in width shall be filled and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. 302-5.8 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 Page 41 of 52 303-5 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. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. 303-7 COLORED CONCRETE 303-7.1 General Delete the first sentence and replace with the following: Colored concrete shall be produced by Method B (Integral Color) as described in Section 303-7.3. SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES 306-2.7 Shutdowns of Existing Pipelines 306-2.7.3 Temporary Bypasses The Contractor will be responsible for the installation of a temporary by-pass system as described in these special provisions and the plans. Page 42 of 52 The Contractor can commence installation of new mains once the temporary by-pass system is in place and has passed a disinfection test. The Contractor shall have the by-pass line inspected by City personnel prior to commencing the project. If at any time, the temporary by-pass water system is damaged, it will be the Contractor's responsibility to repair and replace any damaged or destroyed section to the satisfaction of the City. The Contractor shall adhere to the following special provisions when installing temporary by-pass systems: 5. Water service shall be maintained to all customers at all times except as necessary to install the temporary by-pass system. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 6. It is recommended that two (2) 2 -inch steel by-pass lines shall be installed, one on either side of the alley adjacent to the meter boxes. All temporary piping crossing streets shall be buried and paved flush with the existing surface. 7. The Contractor shall make arrangements with the City's Utilities Division for disinfection, bacteriological testing and certification of the by-pass systems. The Contractor shall be responsible for disinfection and flushing the by-pass systems as well as pulling the bacteriological samples and running the incubations tests for coliform bacteria. 8. The Contractor will then remove meters and connect services to temporary by- pass systems. Upon acceptance by the City of new water mains, after the water services have been reinstalled by the Contractor, the Contractor will disconnect the temporary by-pass system at each service connection and reinstall meters. The temporary water main by-pass system installed at any given time shall not exceed the water services between any single alley section (from local street intersection to local street intersection) unless approved in writing by the City in advance of the work, including specific limits of the proposed by-pass. 306-3 TRENCH EXCAVATION 306-3.1 General Excavation shall include without classification the removal of all material of whatever nature encountered. The Contractor shall remove unsuitable material and dispose of it at an off-site location. Costs of said disposal shall be the sole responsibility of the Contractor and no additional compensation shall be made therefor. All excess native material excavated during the construction shall become the property of the Contractor and shall be disposed of by him outside the limits of work in accordance with the applicable ordinances and regulations of the governmental agencies having jurisdiction. Page 43 of 52 Costs of said disposal shall be the sole responsibility of the Contractor and no additional compensation shall be made therefor. 306-3.2 Removal and Replacement of Surface Improvement The thickness of the existing AC pavement and base sections will vary. The Contractor shall assume the following existing minimum pavement sections. The type and depth of the existing pavement and base sections shown below were obtained from improvement plans or soil borings and the City does not guarantee the accuracy of this determination. Street Balboa Blvd Newport Blvd 23rd 24th 25th 26th 27th 28th 29th Street River Avenue Alleys Oceanfront Alley Pavement Structural Section 3" AC over 6" AB over 8" thick concrete 2" to 6" AC over 6" to 12" thick concrete 3" AC over 6" AB 9" thick concrete paving 6" thick concrete paving 6" thick concrete paving 306-3.3 Removal and Abandonment of Existing Conduits and Structures 306-3.3.1 Abandoning Water Mains Contractor shall remove existing water mains and appurtenances at the locations shown on the plans or as directed by the Engineer. Water mains specified to be abandoned in place, 12 -inches in diameter and larger, shall be filled with one sack cement slurry and have their ends plugged. The slurry shall be installed wet enough to insure that it does not bridge but rather fills the pipeline entirely. Water mains specified to be abandoned in place, 10 -inches in diameter and smaller, shall have their ends plugged and be left intact. 306-3.3.1 Removal of A.C. Pipe and Fittings The Contractor will be required to remove asbestos cement pipes during the prosecution of his work. Removal of existing asbestos material shall be performed by a Contractor registered by CAUOSHA and certified by the State Contractor's Licensing Board for asbestos removal. Copies of the certification shall be submitted to the City prior to the commencement of any asbestos removal activities. The Contractor shall comply with all State and Federal laws regarding handling all removal of asbestos materials. The Contractor shall be responsible for the proper removal and disposal of all asbestos materials. The Contractor shall not field cut the existing A.C.P. In the specific instance of making connections to the existing A.C.P., Page 44 of 52 disconnect, at the nearest joints, the length of pipe to be connected to the new pipe. This length of existing A.C.P. will be replaced by the new pipe making the tie-in. Contractor shall handle the A.C. pipe in strict conformance with all applicable CAL/OSHA, EPA and governing health agency requirements. The Contractor shall provide sufficient supervision and monitoring to assure conformance. 306-3.5 Maximum Length of Open Trench. Maximum Revise the length of open trench from "500 feet" with "200 feet". Add the following to this section: "In addition, the Contractor shall place the base paving (for temporary pavement) flush with surrounding pavement within at least three (3) calendar days after traffic is allowed back onto the trench." 306-5 DEWATERING The Contractor shall provide and maintain at all times during construction, ample means and devices with which to promptly remove and properly dispose of all water, from any source, entering the excavations or other parts of the work. Dewatering shall be accomplished by methods which will ensure a dry excavation and preservation of the lines and grades of the bottoms of excavations. For pipeline work, the methods may include sump pumps, deep wells, well points, suitable rock or gravel placed below the required bedding for draining and pump purposes, temporary pipeline and other means. Dewatering for structures and pipelines shall commence when groundwater is first encountered, and shall be continuous until such times as water can be allowed to rise in accord with the provisions of this section or other requirements. Standby pumping equipment shall be provided on the jobsite. A minimum of one standby unit (one for each ten in the event well points are used) shall be available for immediate installation should any well unit fail. The design and installation of well points or deep wells shall be suitable for the accomplishment of the work. Disposal of water from dewatering operations shall be the sole responsibility of the Contractor and shall comply with OCSD's Special Purpose Discharge Permit. See Section 7-5 (Permits) and Section 7-8.6.4 (Dewatering) for requirements. The Contractor shall dispose of the water from the work in a suitable manner without damage to adjacent property. Conveyance of the water shall be such as to not interfere with traffic flow. Water shall be desilted before disposal to any sewer system. The system used for desilting the water shall be baffled structure and shall provide not less than five minutes detention time and shall be designed to have a "flow-through" velocity not exceeding 0.2 feet per second at the anticipated peak flow. The desilting box shall be cleaned as required to maintain the detention time and flow-through limitations specified above. The Contractor shall ensure that all extracted and discharged water meets the OCSD's Special Purpose Discharge Permit water quality criteria. Page 45 of 52 306-6 BEDDING 306-6.1 General Bedding material shall be clean, well graded imported sand having a minimum sand equivalent of 30 per ASTM D2419. Imported sand shall be a granular material free from clay balls, organic material and other deleterious substances. The bedding material shall be compacted to a minimum relative compaction of 90% and shall be a minimum thickness of twelve (12) inches above the pipe outside diameter. In the event the subgrade soils below the bedding are excessively weak or disturbed during excavation, the unsuitable soils shall be overexcavated to expose firm native material or removed and recompacted for a minimum depth of twelve (12) inches below the proposed bedding (recompacted to 90% relative compaction). 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. Water service shall be maintained to all customers at all times except as necessary to transfer service from the old main to the new main. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. Contractor shall pressure test new main lines including any services prior to disinfection. 3. The Contractor shall make arrangements 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. 4. Upon successful completion of the pressure testing and disinfection, the Contractor shall thoroughly flush all mains and services prior to connection to customers. Flushing of services shall be done at the new angle stop and fittings shall be utilized such that the meter box is not flooded by the flushing operation. Page 46 of 52 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 traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the finish course or slurry seal has been placed. The width of the temporary lane line stripes shall be one- half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. Existing thermoplastic striping shall be removed prior to the application of slurry seal. Temporary painted striping shall be placed within 24 hours of removal. 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 and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. Page 47 of 52 The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but not later than 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. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. 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 10 days but not later than 15 days. All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 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. Refer to CNB DWG 924-L for typical sign installation. Page 48 of 52 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. After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City "PERMIT PARKING ONLY" signs are available from the Engineer. Page 49 of 52 600-3 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. SECTION 601 — WORK AREA TRAFFIC CONTROL I %liaKel=1►14amI The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, up to four (4) changeable message signs (CMS), 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 CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall conform to the traffic control and access requirements of Section 7-10.1 of the Special Provisions. 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 Traffic signal loop detectors shall be installed per Caltrans Standard Plans ES -5A and ES -513 and shall be Type E spaced ten feet apart. Front loops shall be a 6' diameter, modified Type E per the Traffic Signal Specifications and the Detector Loop Installation Detail included in Appendix "B" and will be placed immediately behind the limit line/crosswalk. Loop wire shall be Type 2. Loop Sealant shall be Hot -Melt Rubberized Asphalt sealant. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days after placement of pavement finish course. Page 50 of 52 PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIALS 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION 801-1 GENERAL The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SDS). These items shall be included with the herbicide submittal. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City Arborist a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The City Arborist will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City Arborist for inspection. Upon inspection, the City Arborist may require the Contractor to formally submit a plan for removing the large roots to the City for review. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City Arborist at the site to discuss City standards and requirements. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning Page 51 of 52 a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The maintenance and plant establishment period shall be for a period of (90) calendar days. Page 52 of 52