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HomeMy WebLinkAboutC-7464-1 - 2019-2020 Tidegate Improvement ProjectFebruary 9, 2022 T.E. Roberts, Inc. Attn: Timothy Roberts 306 W. Katella Avenue, Unit B Orange, CA 92867 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov Subject: 2019-2020 Tidegate Improvement Project 19D03 — C-7464-1 Dear Mr. Roberts: On February 9, 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 February 10, 2021 Reference No. 2021000095208. The Surety for the contract is Travelers Casualty and Surety Company of America and the bond number is 107151260. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXECUTED IN TWO COUNTERPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 107151260 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,095 , being at the rate of $ 10.60 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to T.E. Roberts, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distributing construction notices to affected residents and businesses; Removing existing tidegates and tideflex valve; Remove existing rails, stems, actuators, motors and controls; Relocate Pump Valve at 19th Street; Sawcut and remove existing upper portion of concrete vault and reconstruct top of vault; Furnishing and installing new tidegates; Furnishing and installing new actuator, motor and controls; Furnish and install Myers stainless steel electrical meter cabinet and base; Furnish and install double leaf aluminum access doors; Remove and replace manhole steps; Furnish and Install 30 -inch diameter storm drain manhole shaft and adjust rim to match existing street grade; Remove and rebuild existing manhole cover and frame; Remove and construct concrete pavement; Remove and construct type "A" concrete curb and gutter; Construct and modify existing catch basin opening to 3.5 - foot wide reinforced concrete channel and construct local depression; Reconstruct concrete vault floor; Construct concrete vault at two (2) locations for tidegate;Connecting electrical facilities; Testing new electric actuators and controls; Furnishing and installing new vault access doors; and Establish traffic control for construction, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety Seven Thousand Six Hundred One Dollars ($197,601.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, T.E. Roberts, Inc. Page B-1 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 executed by the Principal and Surety above named, on the 19TH day of MARCH 2020 'j T.E. ROBERTS, INC. Name of Contractor (Principal) Authorized Signature/Title rimt�4� TRAVELERS CASUAL'T'Y AND SURETY COMPANY OF AMERICA Name of Surety ONE TOWER SQUARE, HARTFORD, CT 06183 Address of Surety 909-612-3675 Telephone - l Aut orized Agent Signature SPENCER FLAKE / ATTORNEY-IN-FACT Print Name and Title T.E. Roberts, Inc. Page B-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: i7'iy2v By: Z,.-- IX Ice Aaron C. Hasp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED T.E. Roberts, Inc. Page B-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County ofO f lQ ) ss. On M , ,r1 � 20 (7 before me, Notary Public, personally appeared '( t mc) -4' W ILO b o F 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KIM E. NEWETT WITNESS my hand and official seal. o' Connrn, 4222a43t A ¢ '++a • Notary Public • California z Orange County M Comm. Ex fres Feb. 7, 2022 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) T.E. Roberts, Inc. Page B-4 CALIFGrtNIAALL-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 3-19-20 before me, Lexie Sherwood Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Spencer Flake Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), LEXIE SHERWOOD and that by his/her/their signature(s) on the instrument the COMM. # 2203287 r person(s), or the entity upon behalf of which the person(s) (D ^ti. NOTARY PUBLIC -CALIFORNIA n acted, executed the instrument. ORANGE COUNTY Comm. Exp. JULY 27, 2021 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 se 1. / LC�/LUdG� Signature Place Notary Seal Above Signature of gotary 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Travelers Casualty and Surety Company of America "wk Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surely Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Spencer Flake of Anaheim California their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. OF%7,01ro,1112 State of Connecticut �.:. By: City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. 01n, My Commission expires the 30th day of June, 2021 ue � AeeuoS Marie C. Tetreault, Notary Public Mr This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 19th day of March , 2020 EuOnro�+ 0 4 Kevin E. Hughes,, Assista�ry To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is atrached. April 19, 2021 T.E. Roberts, Inc. Attn: Timothy Roberts 306 W. Katella Avenue, Unit B Orange, CA 92867 Vk/0 )kIT REA,,H 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 I 949-644-30391'ax newportheachca.gov Subject: 2019-2020 Tidegate Improvement Project 19D03 - C-7464-1 Dear Mr. Roberts: On February 9, 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 February 10, 2021, Reference No. 2021000095208. The Surety for the bond is Travelers Casualty and Surety Company of America and the bond number is 107151260. Enclosed is the Labor & Materials Payment Bond. Sincerely, , i 'Leilani 1. Brown, MMC City Clerk Enclosure EXECUTED IN TWO COUNTERPAR_ EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 107151260 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to T.E. Roberts, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distributing construction notices to affected residents and businesses; Removing existing tidegates and tideflex valve; Remove existing rails, stems, actuators, motors and controls; Relocate Pump Valve at 19th Street; Sawcut and remove existing upper portion of concrete vault and reconstruct top of vault; Furnishing and installing new tidegates; Furnishing and installing new actuator, motor and controls; Furnish and install Myers stainless steel electrical meter cabinet and base; Furnish and install double leaf aluminum access doors; Remove and replace manhole steps; Furnish and Install 30 -inch diameter storm drain manhole shaft and adjust rim to match existing street grade; Remove and rebuild existing manhole cover and frame; Remove and construct concrete pavement; Remove and construct type "A" concrete curb and gutter; Construct and modify existing catch basin opening to 3.5 - foot wide reinforced concrete channel and construct local depression; Reconstruct concrete vault floor; Construct concrete vault at two (2) locations for tidegate; Connecting electrical facilities; Testing new electric actuators and controls; Furnishing and installing new vault access doors; and Establish traffic control for construction, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety Seven Thousand Six Hundred One Dollars ($197,601.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for T.E. Roberts, Inc. Page A-1 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 19TH day of MARCH , 2020 . T.E. ROBERTS, INC. Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety ONE TOWER SQUARE, HARTFORD, CT 06183 Address of Surety 909-612-367 Telephone "(-� - -.A '� Ir Authorized Signaturelritle lime q6 ,j Authorized Agent Signature SPENCER FLAKE / ATTORNEY—IN—FACT Print Name and Title T.E. Roberts, Inc. Page A-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED T.E. Roberts, Inc. Page A-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of OI -16 lar, }ss. On N Lj lM Z,?, 20�_ before me, Notary Public, personally appeared r - 1e4 1,"5 who proved to me on the basis of satisfactory evidencb to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. T �� SKIM E. NEWETT WITNESS my hand and official seal. o COMM. #2228431 i Notary Public • California o z Orange County M Comm. Expires Feb. 7, 2022 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) T.E. Roberts, Inc. Page A-4 CALIFGriNIA 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 3-19-20 before me, Lexie Sherwood Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Spencer Flake Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the 4 ,, ,.,,,,�, � person(s), or the entity upon behalf of which the person(s) D LEXIE SHERWOOD , acted, executed the instrument. � O COMM. # 2203287 YV - NOTARYPNGECOUNT ORNIA n I certify under PENALTY OF PERJURY under the laws of f ORANGE COUNTY , y the State of California that the foregoing paragraph is true •(( couY2.,,�,�:�vv,T and correct. \.y Witness my hand and o icial seal. Si nature Jr/� 9 ' Place Notary Seal Above Signature of ota 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 fraudulent removal the form to document. prevent and reattachment of another Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Spencer Flake of Anaheim California their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. DWOA eCONN. S � sur Slate of Connecticut City of Hartford as, moi• Robert L. Raney, Se Ibr Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 e.ip puR Marie C. Tetreault, Notary Public Ap This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 19th day of March , 2020 �(euenoroY,� "� HanraaoPro ��mm wf CMn. Y 'CONK, f !. fy.Nl i M G.r t';- u Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -In -Fact and the details of the bond to which the power is attached. Batch 9170616 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 2 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE k $ R 0 0 1 2 5 1 6 4 4 9$ 202100009520810:45 am 02110121 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 Govemment Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and T.E. Roberts, Inc., Orange, California, as Contractor, entered into a Contract on March 10, 2020. Said Contract set forth certain improvements, as follows: 2019-2020 Tidegate Improvement Project - C-7464-1 Work on said Contract was completed, and was found to be acceptable on February 9. 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty and Surety Company of America. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. 7I https://gs.secure-recording.com/Batch/Confirmation/9170616 02/10/2021 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 T.E. Roberts, Inc., Orange, California, as Contractor, entered into a Contract on March 10, 2020. Said Contract set forth certain improvements, as follows: 2019-2020 Tidegate Improvement Project - C-7464-1 Work on said Contract was completed, and was found to be acceptable on February 9, 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty and Surety Company of America. __ BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. M 1 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 13th day February, 2020, at which time such bids shall be opened and read for 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 $222,500 Engineer's Estimate Approved James M. Houlihan uty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids-com/r)ortal/portal-cfm?CompanvlD=22078 Hard copy plans are available via Santa Ana Blue Print at (949) 756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Sharon Garcia, Project Manager at (949) 644-3327 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca gov/government/open-transDarent/online services/bids rfps vendor -registration City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) 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 confine via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. 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, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. 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, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. 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. 7. 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 El provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been r viewed. Contractor's License No. & Classification Authorized Sig nature/TitleTrmotb-i Roberts \0000002`60 ta4e. b/3o/2022 DIR Registration Number & Expiration Date T.E- Y-06e.(ts . Inc Bidder 5 Date BOND #10-B PREMIUM: NIL City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03, Contract No. 7464-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 3RD T.E. ROBERTS, INC. Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DR. DIAMOND BAR, CA 91765 ,^ ,duress of Surety (909) 612-3675 Telephone day of FEBRUARY 2020. Authorized Signature itle ►mmv� 2 lOM5 02 Authors ed Agent Signature CHARLES L. FLAKE/ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) IF 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 DrangP )SS. On F�bruA,LS �a 20 7-0 before me, �;, f4 E N ekt pe f t-, Q o+A c« Publt� Notary Public, personally appeared "( who proved to me on the basis of satisfactory evidence fo be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Nix (a ( /'�.J���IJ` ai Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language KIM E. NEWETT COMM. #2228431 z °� Notary Public • California � Z Orange County n MX Comm. Expires Feb. 7, 2022 OPTIONAL INFORMATION 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 ❑ Check here if no thumbprint or fingerprint is available. see a++-Gi c h e d ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 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 2/3/2020 Date before me, Lexie Sherwood Notary Public, Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake LEXIE SHERWOOD �. COMM. # 2203287 a NOTARY PUBLIC *CALIFORNIA n t' ORANGE COUNTY a ' Comm. Exp. JULY 27, 2021 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature _ Place Notary Seal Above Signature of N ry PubliC Legie Sherwood OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Travelers Casualty and Surety Company of America AW Travelers Casualty and Surety Company TRAVELERS] St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint CHARLES L FLAKE ofAnaheim California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in .any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. 4y f DPC Swa` bJD�IY 4,v a mt. /? G9 SL"l •* j\CONN. V a4 NaCttOFNONR. D, caFs�m wlrt • '17`y '661 �yDe! State of Connecticut City_of_Hartford_ss. Robert L. Raney Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. p.T� My Commission expires the 30th day of June, 2021pprM r\W'-t' Q - o p���p�* Mane C. Tetreault, Notary Public NN Ct'G This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 3rd day of February , 2020 aupgJHpA,4RTTY FAONRpD CONN.CIO;! i �C Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please cal/ us at 1-800-411-3880. Please refer to the above-named Attorney -in -Pact and the details of the bond to which the power is attacher/ City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 DESIGNATION OF SUBCONTRACTOR(S) -AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. r l- E. Roberts; enc. ` FresidenY Bidder Authorized Sig nature/Title-umotny '(veru 1 City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name T JE . F oloeyM, 1 rlc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number 2O ° W a+e_r 1440 CL -P Pr -01,f c+ _ "?;'6 Project Description 110(,0' 01-P pig l tnn a.✓l d U!2urtfn 0-n ces Approximate Construction Dates: From 111.2020 To: a vp,-o�C Agency Name Contact Person TbM K ork2y syt:n Telephone 3 7-13 p 1 Original Contract Amount $ 5 ,ZI IO Final Contract Amount $T� If final amount is different from original, please explain (change orders, extra work, etc.) W bvk �n nrbAr� 5.5 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number-_. Sjai )ems 12"I Icemen- "S (n Project Description �trnoVe-�1� A fP,QI aCP. -,erv1 ce, Approximate Construction Dates: From 1I - y -19 To: 'n01fox 3-7-q-20 Agency Name __CI_p F (h Arlo �I I ll 5 Contact Person _ _��. i2 a rW Telephone (qoq) 3 Original Contract Amount $ IIS -Final Contract Amount $ 11?217 If final amount is different from original, please explain (change orders, extra work, etc.) Wra6-' 2rogcess Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number M 13SI Dh Inn ['r-T)If (;" 1 Sq a,S- -T Project Description 1,5" I2` P(P 2,5 -ILL DIP p,oyhn?. aLA PWvr41'v1a,✓IezS w i -v\ r-C.s4-b ra-+-10 0 Approximate Construction Dates: From lo 19 To: nra I -7-(, -20 Agency Name _C 1i \1 n� I JP Contact Person k(v^on rra�\I-yrd Telephone (qS1) $26 �S�k37 Original Contract Amount $ 502 Final Contract Amount $ 113 D If final amount is different from original, please explain (change orders, extra work, etc.) W nrk Irl o�G re 5-5 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 14U, N b 11 No. 4 Project Name/Number_j�a-V-P-K lira o,5mj--,51p Mo Ia Va We, ` e are 1 -ea /S�-Ts Project Description L_MOve VLUe Approximate Construction Dates: From To: o o2,� Agency Name _GI ll n 1�21n1Da rf Contact Person - _t1� 1 r� _ _C4 4A n o 11 Telephone (qqq) 331 Original Contract Amount $2LL q43L-Final Contract Amount $— T� b If final amount is different from original, please explain (change orders, extra work, etc.) \Nrn _la12ro4 rpsS Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Pjy-i 0e. hne _ k" Ll Ch 2 59,30 Project Description I'0 mt Ie -S M`'i+b� ��oe_ I��ra.nr 2v r-f6nan GPS Approximate Construction Dates: From In - 101 - To: as 5- I -zl-) Agency Name _ Ci +v 0 � 3-eA u m anf Contact Person T P_� L v I �-ec) Telephone Original Contract Amount $ )3,$►1, It Lfinal Contract Amount $ T 12 .D 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. Ko , I\1 D 12 No. oVh Project Name/Number La QuWn a Irrl aai lan DIS+yibu- bn Im brn iymPk,)f-S/SEbo3 Project Description 1,°I��� 2'�" �V�. ,1�2r 1� "' PV 4022' i2" PV6 gio_de a aPPurt�r�a�lcgs Approximate Construction Dates: From 7- io -1,7 To: 19-1-0 Agency Name _ C-QULheIla VA, ll j 1AIa+-Cc T)ISf-Y1C+' Contact Person J� r I &n L t) r/_ nk Telephone (760) Original Contract Amount $S �� R'10,'rinal Contract Amount $ S, b 43, 33a --- If 3D,�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 UrLr)gP_ cvvniv (�r a.� PaKV- �Pach � Se P,v Imprr �cr�,6l-(�/5�2� Project Description 1 u�5' l�'r n Pk �� G� In sbil Ca Sin rFh i a t ' and loo�cf- Approximate Construction Dates: From 3-1-1 To: W -1 Agency Name _Iry 1 , Kftn(,k N a fir_ T)1-5Vl c' Contact Person _ DYII l✓� nc�h Telephone (qq{ 3 -G(o 42 Original Contract Amount $1 'Final Contract Amount $ 012r JJ L If final amount is different from original, please explain (change orders, extra work, etc.) nH-e-f-- SI)WIL ►24 OF La+?rra 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. 'W 0 , NO 12 (k No.,C6 Project Name/Number_t—a+eIIQ lkvmue Wak ma.o plaC, YM al - /5-72�- Project Description 12 4 11,1' Lip o i ne I �, Q On I/V na �lGeS w Ikh rLstp ra-h GYM Approximate Construction Dates: From To: Agency Name G I o� _ Arohnrn Contact Person -6111 N C)nY h P d Telephone (11q)S- Original Contract Amount $ �4I J -L( .Final Contract Amount $—I, m� I ( 0, - If final amount is different from original, please explain (change orders, extra work, etc.) R -e - Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. M, N10 No.,B"g1 Project Name/Number ftlbDA WA QJ. IAatr1 2Z583V Project Description 3, cl 5(7 $-12" fycC—°21P-eia/-AnA -S Approximate Construction Dates: From l-2 lq To: S -Z 1- I Agency Name(_, i n N AJ12h v+ 13-ea & Contact Person QI E r -e A ash a n on Telephone (J�q) O `I - 33 / y Original Contract Amount $2 22 0.,Final Contract Amount $-],, q 51, 131 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. Kin N 1) 12-6 No. 4k �t Project Name/Number-PI,-I 6r 1)ISIT ibU11w) (2CVJt Gf/37�� Project Description j i to -I 0 FUG Di 4l (n q ✓ld 0, Approximate Construction Dates: From I2- S'- tj To: Agency Name Nst� Contact Person Zob-e+ t YQM) Telephone (q�� Original Contract Amount $1337,4.' 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. MR, No." L B Projecme/Number hod ��Q.� V� Ai Gy Ulavi A C7'M1a It Ph. I /5-7 Project Descriptionl�C� D' �- n' MY p 1 u ! m "d a P�ti�t�yt a ✓� c�°S Approximate Construction Dates: From �� To:_ ►-i- I g' Agency Name bt► o� �e Dnrt Contact Person _ Ll LZA USE .n on Telephone (qL�) Original Contract Amount $ S 3 Final Contract Amount $_1,4 q�32-7� If final amount is different from original, please explain (change orders, extra work, etc.) b 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 -C No. k 12,- Project 7/Project Name/Number ade Nj a� �,he(� r. Ti -a nsml�siM�cr1� s�� 9 Project Description uou 21 pe(ine anA aOPLICf 6 Lance s Approximate Construction Dates: From S - °- 1-7 To:_ `i -10 -1g Agency Name Ana h elm Contact Person D Gw l 6 s 0, n ch ez Telephone (l 1 q) J la S- S l710 Original Contract Amount $ final Contract Amount $ L If final amount is different from original, please explain (change orders, extra work, etc.) �i Z i ri l I 1 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11�h, N1) No,116-113 Project Name/Number �->7tii Qy oll �Q Iy o I��ol c�y�n�✓� %/ �/ Project Description V G �V f rt !Qt a(: -P n e-nt 0'-i n h n W &A Jod & ort Approximate Construction Dates: From To:_ -22 -IR' Agency Name i 1 In d fV_ '0f� a - J D , IV ) Id4.pAly-I2n ✓'L Contact Person -bn k2 Telephone (Iqq) 252-Sb97 Original Contract Amount $3; final Contract Amount $ ?�_5� LI g - If final amount is different from original, please explain (change orders, extra work, etc.) -( / A 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; No 12,0 No. f'i`{ Project Name/Number('O��p p N��I�`T--�r DrU . W z t� /S-nq Project Description I,'�(�' J10.1�� LD�V�_y��a��✓ "11) r�r�laC�wl�✓ wrlh r�pra�ll�i� Approximate Construction Dates: From q, ig To: Lil.4 Agency Name I �0 � t1i h H4 -i 2 r Contact Person K u `-P_ C anon Telephone(S&2) Original Contract Amount $ (0��1�1"4'Final Contract Amount $__ tg 53y J-7.— If final amount is different from original, please explain (change orders, extra work, etc.) IN 11M - I I■ 1' Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Co tor's current financial conditions. T. T_-- . ty-tS .1nc l Pres � dl en fi Bidder Authorized Signature/TitleT'thHl�»errs 13 Superintendent JUSTIN ROBERTS RESUME Fourteen years experience in the pipeline construction industry, managing and performing a full spectrum of general and specific pipeline labor duties. SKILLS Heavy Equipment Operator Skilled in the use of pipeline construction equipment and tools Effectively applies methodology and enforces project standards Strong communication and organizational skills Qualified and experienced in supervising work crews up to 10 persons Efficiently and effectively complete projects with quality results Participant in the Motor Carrier Employer Pull Notice Program EXPERIENCE T. E. ROBERTS, INC., ORANGE, CA 2004 - Superintendent Present Manage completion of residential and commercial construction projects in a timely and professional manner. Supervise crews of skilled heavy equipment operators and general labor personnel. Maintain strict safety standards and procedures. TRAINING Confined Space Entry Certificate, 11-11-16 Asbestos Pipe, Heat Illness, Accident Investigation, Slips/Trips and Falls, Hotwork, Lock out/Tag out, Global Harmonized System, 4-9-16 First Aid Certificate, 7-11-14 Excavation Safety & Competent Person Certificate, 10-8-18 California Class A Driver's License since 2-18-09 Principal in Charge TIMOTHY ROBERTS General Engineering Contractor License A, C34, #603008 RESUME Over thirty-six years experience in the pipeline construction industry, performing construction management and general contractor roles. Experienced in construction, renovation, and cost estimating within commercial and residential environments. Recognized for well-developed project management skills and scheduled operational tasks that enable project completion on time and under budget. Consistently deliver quality and excellence in workmanship. Excellent safety record. SKILLS Project Management Cost Estimation Safety Emphasis Client Focus Communication Materials Expertise Tools and Techniques On-time Completion Customer Satisfaction EXPERIENCE T. E. ROBERTS, INC., Orange County, CA 1999 -Present CEO and President Chief Executive Officer and founder of successful pipeline contracting corporation. Experienced in negotiating terms for new construction projects in both private and publicly funded sectors. Manage completion of residential and commercial construction projects in a timely and professional manner. Supervise crews of skilled heavy equipment operators and general laborer personnel. Secure all required permits and contracts necessary to complete the job in accordance with government regulations. Maintain strict safety standards and procedures. Consult with clients on progress and issues. Select bid lists include: San Gabriel Valley Water Company, Fontana Water Company, Suburban Water Systems, Golden State Water, KB Homes, Rose Hills Mortuary and Cemetery, Bellevue Memorial Park and the International Buddhist Progress Society. Client referrals available upon request. • Specializing in water, sewer and storm drains of all sizes • Manage value engineering process with client to ensure modifications to project specifications continue to meet project goals and client expectations • Received numerous accolades from clients for superior workmanship • OSHA Certified Competent Person • Certified in Trench and Equipment Safety, First Aid and Confined Spaces T.A. RIVARD, INC., Riverside, CA 1983-1999 Superintendent, Foreman, Equipment Operator Began as an Equipment Operator and advanced to Foreman and Superintendent overseeing pipeline projects throughout Southern California. EXCELLENT QUALITY - RELIABLE - SERVICE ORIENTED City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Y n _) lm o1"h�j RT bots being first duly sworn, deposes and says that he or she is esiray of T, E. RD'OWs, IhC. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the.Ztat@ of Califo t the foregoing is true and correct. TE. F-pberfis 1 I nc- fresd nt Bidder Authorized Signature/Title—"""°bens Subscribed and sworn to (or affirmed) before me on this 03"day of T rVUV, 2020 by proved to me on the basis of satisfactory evidence t6 be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public [SEAL] s u e+-& chi 14 My Commission Expires: CALIFORNIA 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 that document. State of California ) County of Cr% W ) Subscribed and sworn to (or affirmed) before me on this 134h day of E1° hl'"U0,CC 4 , 20 2O by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. KIM E. NEWETT KIM E, NEW x �, O " COMM. #2228431 Z COMM, 2841 r Notary Public • California o tar lic C alifortlia z Orange County o M Comm. Ex fires Feb. 7, 2022 Z' nge County Comm. Ex ' Feb 7. Signature (Seal) Ll Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this jurat to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document This certificate is attached to a document titled/for the purpose of containing pages, and dated Method of Affiant Identification Proved to me on the basis of satisfactory evidence: Q form(s) of identification O credible witness(es) Notarial event is detailed in notaryjournal on: Page # Entry # Notary contact: Other ❑ Affiant(s) Thumbprint(s) ❑ Describe: 0 Copyright 2007-2017 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101884. Please contact your Authorized Reseller to purchase copies of this form. City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 DESIGNATION OF SURETIES Bidder's name T. E. R o b e r T s ) n c. 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): B�ndiv��CI: Travelers Casua�tN and 5urget�q Company g0q•bl2. 3653 One Towey Scj u av 2 , tfgy-t-f6,al , GT ()61,&3 ind�ny�enr' Chuck Flake; CLAIbcytson Insurance S2YyLces -11y•921. DS30 �5�5b0 E. Santa PMO Cans�oln Load 2-01 , Anahei'w), CA 1128oq 1MuYance&. �U?�) lntcmat-ibnal qH9. 62-S, I Old I LIbClS 1MacArthur Govty'+j Ne.wPor+ 13eac%, CA c1261oO 15 City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name T.E. Roberts, Iv -)c - Record mac. 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. iry Current Record Record Record Record Record Year of for for for for for Record 2019 2018 2017 2016 2015 Total 2020 No. of contracts 5 8S -t Ir6 4 q p 15 4l 1 Total dollar Amount of Contracts (in 6CIO, oo0 31,3_?L,000 2-6,146,000 ?pLJiS)000 15,Soo,000 15,616,000 116,251,000\ Thousands of $ No. of fatalities d p o 0 0 0 0 No. of lost Workday Cases D o 1 2 1 1 �} No. of lost workday cases involving permanent o p O v 0 D 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. iry Legal Business Name of Bidder T E . Roles Y- S 1 nc Business Address: Sob W. Katellc+ fcvey1uP1, Uyt;+15QY-mnge,CA 9 26V Business Tel. No.: -114. bb 9 . 00`12 State Contractor's License No. and Classification: b 0,3 o oB - p� C -,34 Title PYes►dPnt The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Pr es id ent 2.13 -202 Secy efia, 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. MOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA n:RTIFirAT1: nG Ar VK1f%1AII CL1/'werwrr 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 Dra �� ) On before me, Lm (here insert name and title of the officer personally appeared o fiS a -in d l -0h-e K+ --s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the KIM ENEKIM ENE WET State of California that the foregoing paragraph is true and correct. COMM. #2228431 Z -.� Notary Public •California o Z Orange County WITNESS my hand and official seal. M Comm. Ex ires Feb. 7, 2022 Signature L� C� W"'� J (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing — pages, and dated The signer(s) capacity or authority is/are as: EJ Individual(s) Ll Attorney -in -Fact n Corporate Officer(s) — Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other _ rEJ Additional Signer(s) Title(s) ---- ----- r — -- ❑ Guardian/Conservator Partner - Limited/General Trustee(s) Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing r] Signer(s)-rhumbprint(s) © Copyright 2007-2017 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name _ T E Ro6-er-T S , nc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature in City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: T E. Fobe r t s , Inc. Business Address: Solo W . Ko tel la Avenue, l,l n t t F> DranGc, CA 'I2�) b-7 Telephone and Fax Number: T- -11".6169-0012, F - 1 I y 2-0 0 • 0 241 California State Contractor's License No. and Class: Io03 oQh (REQUIRED AT TIME OF AWARD) Original Date Issued: 0 V%/99 Expiration Date: 0Cto ioe- Y 31,, 2v 20 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Timothy Roberts RM*Atnt 'fib W Katella nue ln, 5,0 ayly,CAgalo-) -11y.669-oo-IZ K mberkel yo Ws Teasya- 306 W• Kate) la hwnue., Lane t, Orangf.CP� 97ZbV7 -1114. U0. oo-7z ,US,1vt Kawka �tvent,te, untkB, C-A-A01c,CA121blo'1 -JiLi. (,6cl• 002 tce Hres1oleV-1 It t uK2P-obens VtcePresicl-ent 90bWKattltaAvenue, Uhet B/DvAn6e,CA °I2,12,1ol-4iy•foo •oo12 Corporation organized under the laws of the State of 0.a\�fty n�a 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: KI / A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: T. E Roberts, �nC For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; �4/A Briefly summarize the parties' claims and defenses; rt / P� Have you ever had a contract terminated by the owner/agency? If so, explain. IAo. T.E. F-vbev ts, ktw. has neves haul a cDmract t-ermi na.i-cel . Have you ever failed to complete a project? If so, explain. I`►�•-f.l✓. RO6e0Q-, IYIc. hgs CoMP �Ct-fa Oil WOY K JVJOVOed For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labpr compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? �ejs/ No RIC Are any claims or actions unresolved or outstanding s / No If yes to any of the above, explain. (Attach additional sheets, if necessary) 04 Ibod I,,I,jn4 Phiv - I n` p ovb le6l- was of uealed btr P1 V . fele, ha.A a PAS Erre ",Vv -or 0 -ad CVK BAL2 (L 4A OA r IP % 14 If , n bon a ►-h LS 1, V\,� 6 Al)P_ A AAA 04 4 a a 0(n e Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. _`FE, RobeYtS,, Inc. Bidder Ti moi-h�,j RobeYI S (Print name of Owner or President of oration�6 any) Authorized Signature/Title Title 2-13 -UIZ Date On ?_'13-q�= before me, Km NtVA , Notary Public, personally appeared fi W0-� hL_ �_V b -(,r -r 5 , who proved to me on the basis of satisfactory evidence fo 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. 0(tIM— ` 7_ ildOJc� (SEAL) Notary Public in and for said State My Commission Expires: % -] - E Oq V Se -e 4'�, cl" d 21 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of r 6. �� ) On �'�3- 20"ZZ before me, �jM meyief* (�n-E- r� Pu.61I�' (here insert name and title of the officer personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature KIM E. NEWETT COMM. #2228431 z r Notary Public z California O Orange County Comm. Ex fres Feb. 7, 2022 (Seal) g Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(s) Person(s) or Entity(ies) Signer is Representing Method of Siqner Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) O Copyright 2007-2017 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key 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. P% 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 CONTRACT NO. 7464-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of March, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and T.E. ROBERTS, INC., a California corporation ("Contractor"), whose address is 306 W. Katella Avenue, Unit B, Orange, CA 92867, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of the following: Distributing construction notices to affected residents and businesses; Removing existing tidegates and tideflex valve; Remove existing rails, stems, actuators, motors and controls; Relocate Pump Valve at 19th Street; Sawcut and remove existing upper portion of concrete vault and reconstruct top of vault; Furnishing and installing new tidegates; Furnishing and installing new actuator, motor and controls; Furnish and install Myers stainless steel electrical meter cabinet and base; Furnish and install double leaf aluminum access doors; Remove and replace manhole steps; Furnish and Install 30 -inch diameter storm drain manhole shaft and adjust rim to match existing street grade; Remove and rebuild existing manhole cover and frame; Remove and construct concrete pavement; Remove and construct type "A" concrete curb and gutter; Construct and modify existing catch basin opening to 3.5 -foot wide reinforced concrete channel and construct local depression; Reconstruct concrete vault floor, Construct concrete vault at two (2) locations for tidegate; Connecting electrical facilities; Testing new electric actuators and controls; Furnishing and installing new vault access doors; and Establish traffic control for construction (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. 7464-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Ninety Seven Thousand Six Hundred One Dollars ($197,601.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Timothy Roberts to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. T.E. Roberts, Inc. Page 2 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. 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 T.E. Roberts, Inc. Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Timothy Roberts T.E. Roberts, Inc. 306 W. Katella Avenue, Unit B Orange, CA 92867 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. T.E. Roberts, Inc. Page 4 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 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 T.E. Roberts, Inc. Page 5 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 shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless T.E. Roberts, Inc. Page 6 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 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. T.E. Roberts, Inc. Page 7 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. 20.4 Conflicts or Inconsistencies. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 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. T.E. Roberts, Inc. Page 8 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. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] T.E. Roberts, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 511 /6 1/40 to By. a;t-, r Aaron C. Harp City Attorney ATTEST: Date: o ,U voioa 1 0 X111// City Clerk 71. � 41--; 17 0 N% CITY OF NEWPORT BEACH, a California Gipal corporation Date: /moo ty BY:-�IQrC��iu Will O'Neill Mayor CONTRACTOR: T.E. ROBERTS, INC., a California corporation Date: By: Signed in Counterpart Timothy E. Roberts Chief Executive Officer Date: Signed in C, )�_ nCarpart NO Justin M. Roberts Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements T.E. Roberts, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2,�//,& /zo W ,,;,,,..Aaron C. Harp City Attorney p3�'ba ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: T.E. ROBERTS, INC., a California corporation Date: 3' 23 202 B Y Timothy E. Roberts Chief Executive Officer Date: 3'1-3 -1-02a By: ustin M. Roberts Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements T.E. Roberts, Inc. Page 10 EXECUTED IN TWO COUNTERPARTS EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 107151260 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to T.E. Roberts, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distributing construction notices to affected residents and businesses; Removing existing tidegates and tideflex valve; Remove existing rails, stems, actuators, motors and controls; Relocate Pump Valve at 19th Street; Sawcut and remove existing upper portion of concrete vault and reconstruct top of vault; Furnishing and installing new tidegates; Furnishing and installing new actuator, motor and controls; Furnish and install Myers stainless steel electrical meter cabinet and base; Furnish and install double leaf aluminum access doors; Remove and replace manhole steps; Furnish and Install 30 -inch diameter storm drain manhole shaft and adjust rim to match existing street grade; Remove and rebuild existing manhole cover and frame; Remove and construct concrete pavement; Remove and construct type "A" concrete curb and gutter; Construct and modify existing catch basin opening to 3.5 - foot wide reinforced concrete channel and construct local depression; Reconstruct concrete vault floor; Construct concrete vault at two (2) locations for tidegate; Connecting electrical facilities; Testing new electric actuators and controls; Furnishing and installing new vault access doors; and Establish traffic control for construction, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety Seven Thousand Six Hundred One Dollars ($197,601.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for T.E. Roberts, Inc. Page A-1 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 19TH day of MARCH , 20 20 . T.E. ROBERTS, INC. ►"�`�)vi�✓ Name of Contractor (Principal) Authorized Signature/Title fi'(rW hV P�6rf-5 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety ONE TOWER SQUARE, HARTFORD, CT 06183 Address of Surety 909-612-3675 Telephone Au orized Agent Signature SPENCER FLAKE / ATTORNEY-IN-FACT Print Name and Title T.E. Roberts, Inc. Page A-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 5-1(142.2 By:Al Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED T.E. Roberts, Inc. Page A-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of � r10 QP } ss. On N Q�,c �2, , 20"_ before me, Notary Public, personally appeared 1-kynf)+K"1 ub-&-ts who proved to me on the basis of satisfactory evidencb to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature KIM E. NEWETT COMM. #2228431 z 0 Notary Public - California Orange County My Comm. Expires Feb. 7, 2022 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) T.E. Roberts, Inc. Page A-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 3-19-20 Date personally appeared SI before me, Lexie Sherwood cer Flake LEXIE SHERWOOD COMM. # 2203287 3 U NOTARY PUBLIC •CALIFORNIA n ORANGE COUNTY { Comm. Exp. JULY 27, 2021 , Notary Public, Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and o icial seal. Signature Place Notary Seal Above Signature ofTrotao 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)-.— El Title(s):❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name.- F] ame: ❑ Individual ❑ Corporate Officer —Title(s).- El Title(s):❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Travelers Casualty and Surety Company of America AdW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Spencer Flake of Anaheim California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. �jjjI�w9Fly� P�tY AHD �. ///''' 9J sL W a CtX0) w HARTFORD, < un W CONN. o SM State of Connecticut By: City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal.p.t� My Commission expires the 30th day of June, 2021 �0ue�tofi Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 19th day of March , 2020 ty�wN7YC Y 4Nps W1 , i a HMTFORD, CONN, � � w coHti. S sru Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached, EXECUTED IN TWO COUNTERPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 107151260 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2.095 , being at the rate of $ 10.60 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to T.E. Roberts, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distributing construction notices to affected residents and businesses; Removing existing tidegates and tideflex valve; Remove existing rails, stems, actuators, motors and controls; Relocate Pump Valve at 19th Street; Sawcut and remove existing upper portion of concrete vault and reconstruct top of vault; Furnishing and installing new tidegates; Furnishing and installing new actuator, motor and controls; Furnish and install Myers stainless steel electrical meter cabinet and base; Furnish and install double leaf aluminum access doors; Remove and replace manhole steps; Furnish and Install 30 -inch diameter storm drain manhole shaft and adjust rim to match existing street grade; Remove and rebuild existing manhole cover and frame; Remove and construct concrete pavement; Remove and construct type "A" concrete curb and gutter; Construct and modify existing catch basin opening to 3.5 - foot wide reinforced concrete channel and construct local depression; Reconstruct concrete vault floor; Construct concrete vault at two (2) locations for tidegate;Connecting electrical facilities; Testing new electric actuators and controls; Furnishing and installing new vault access doors; and Establish traffic control for construction, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety Seven Thousand Six Hundred One Dollars ($197,601.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, T.E. Roberts, Inc. Page B-1 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 executed by the Principal and Surety above named, on the 19TH day of MARCH 2020 T.E. ROBERTS, INC. Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety ONE TOWER SQUARE, HARTFORD, CT 06183 Address of Surety 909-612-3675 Telephone C. itA Pre -5j' -"- Authorized Signature/Title TmWKy rLVbe-,+:5 A orized Agent Signature SPENCER FLAKE / ATTORNEY-IN-FACT Print Name and Title T.E. Roberts, Inc. Page B-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: C' "cg2a By: Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED T.E. Roberts, Inc. Page B-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of U .il q ss. On BVI a w-6An�.3 20�_ before me, Kin --N Notary Public, personally appeared -�- 1 O+fw who proved to me on the basis of satisfactory eviden a to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Lv� oc'ignature KIM E. NEWETT -1 COMM. #2228431 z cc =" o Notary Public • California Z Orange County o M Comm. Expires Feb. 7, 2022 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) T.E. Roberts, Inc. Page B-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of O On 3-19-20 before me, Lexie Sherwood Date Insert Name of Notary exactly as it appears on the official seal personally appeared Spencer Flake Name(s) of Signer(s) LEXIS SHERWOOD COMM. # 2203287 E (D _ NOTARY PUBLIC •CALIFORNIA 0 ORANGE COUNTY a Comm. Exp. JULY 27, 2021 lrvvv^ry , 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 se I. Signature yle�_ Place Notary Seal Above SignatUre of gotary 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 ❑ Lirnited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Spencer Flake of Anaheim California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. uv1.Ya1% 400wgf7'y gJP�TY AVpeo�Nj�) MAATFO by `9K CONN. g w NARTFN. NN. State of Connecticut B City of Hartford ss. Robert L. Raney, Se >or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. p.T� My Commission expires the 30th day of June, 2021 wr C�XA�►J�1� Marie C. Tetreault, Notary Public CS'G This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 19th day of March , 2020 �N;ownn A P TV allos ` o t tiiRrrOa NACOFORD, Co�C�:tet \\COMMYz CONN. � W i Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an T.E. Roberts, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten T.E. Roberts, Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. 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. 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 T.E. Roberts, Inc. Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. T.E. Roberts, Inc. Page C-4 K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. T.E. Roberts, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/16/2020 Dept./Contact Received From: Raymund Reyes Department: Public Works Sent to: Marissa By: Raymund Company/Person required to have certificate: T.E. Roberts, Inc. Type of contract: Public Works Contract I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9/1/2019-9/1/2020 A. INSURANCE COMPANY: Old Republic General Insurance Corp NAIC#21439 B. AM BEST RATING (A-.- VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? 0 Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1 M/$2M 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 0 Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 9/1/2019-9/1/2020 A. INSURANCE COMPANY: Old Republic General Insurance Corp NAIC#21439 B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑✓ Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1M E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT - please attach 0 Yes ❑ No F. HIRED AND NON -OWNED AUTO ONLY. ❑✓ N/A ❑ Yes ❑ No G. ADDITIONAL INSURED ENDORSEMENT—please attach [Z] Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑✓ Yes ❑ No I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: QN/A ❑Yes ❑ No U WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE. 9/1/2019-9/1/2020 A. INSURANCE COMPANY: Old Republic General Insurance Corp NAIC#21439 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 $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM ADDITIONAL COVERAGES THAT MAYBE REQUIRED 0 Yes ❑ No ✓❑ Yes ❑ No $1M 0 Yes ❑ No 0 N/A ❑ 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: NOTES/COMMENTS: Approved: Risk Management 6/26/2020 Date City of Newport Beach 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 Contract No. 7464-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7464-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 2 - I'; -2a 2D Date Bidder's Telephone and Fax Numbers lob-5b0`b - �-, , C-3L� Bidder's License No(s). and Classifications) 1000060280 DIR Registration Number T.E. �oberts� Inc. Bi der C � y , PrCs�dc�fi Bjdder's Authorized Signature and Title y I?oevv5 566 w Ka RhQ PNMUe,g�byay4c 2g�7 Bidder's Address Bidder's email address: iro b e r -�-S & JC m 6 e r -k s, C b M ,.ail City of Newport Beach Page 1 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 (C-7464-1), bidding on February 13, 2020 1000 AM (Pacific) P,nted 02'13.2020 Bid Results Bidder Details Vendor Name TE Roberts Inc,. Address 306 W Katella Avenue Unit B Orange, CA 92867 United States Respondee Brian Wagner Respondee Title Estimator Phone 714-669-0072 Ext. Email estimating@teroberts com Vendor Type DGS,CADIR License # 603068 CADIR 1000600280 Bid Detail Bid Format Electronic Submitted February 13: 2020 9:20:58 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 201531 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Submittal C-7464-1 TE Roberts Inc Bid Submittal C-7464-1 TE Roberts Inc.pdf General Attachment Bid Bond C-4764-1 TE Roberts Inc Bid Bond C-7464-1 TE Roberts Inc.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization Demobilization LS 1 $7.500 06 $7,5GG 06 2 Traffic Control LS 1 $1 OG $i O6 3 Remove Existing Tidegates, Rails_ Stems, Actuators, Motors and Controls ( 44th & 32nd Street) EA 2 $3,20006 $6.460 00 ,I Remove Existing 24-Inch Tideflex CheckMate Check Valve at 19th Street LS I $3,200 OC $3 200 06 5 Relocate Pump Valve at 19th Street LS 1 $6 500 00 $6 5000G City of Newport Beach Page 2 2019-2020 TIDEGATE IMPROVEMENT PROJECT 19D03 (C-7464-1), bidding on February 13, 2020 10 00 AM (Pacific) Prnted 02 13!2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Furnish and Install 24" Pressure Tidegate (Waterman P-30ff) EA 2 S281200 GC S56,400 00 7 Furnish and Install 36" Tidegate Waterman Series S5000 EA 1 S51,3G0 00 S51.300 00 8 Furnish and Install Actuator, Motor and Controls (19th & 32nd Street) EA 2 S22,40000 S44 800 06 9 Reconstruct Concrete Vault Floor EA 3 $3:400 00 S1G.200 00 10 Provide Temporary Bulkhead and Manual Valve and Pumping EA 3 $2.100 GG $6 300 06 11 Provide As -Built Record Drawings & Operation Maintenance Manuals for each Iocaiton (Fixed) LS 1 $5,000 00 $5,000 00 Subtotal $197,601.00 Total $197,601.00 Subcontractors Name & Address Description License Num CADIR Amount Type NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2019-2020 TIDEGATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7464-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 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 SALVAGED MATERIALS 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-7.2 Working Days 5 6-7.4 Working Hours 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 6 7-1.2 Temporary Utility Services 6 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.2 Storage in Public Streets 7 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 8 7-10 SAFETY 8 7-10.1 Traffic and Access 8 7-10.2 Street Closures, Detours and Barricades 8 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 7-10.5 Security and Protective Devices 10 7-10.5.3 Steel Plate Covers 10 7-10.5 "No Parking" Signs 10 7-10.6 Notices to Residents 10 7-15 CONTRACTOR'S LICENSES 11 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 11 7-17 STORM DRAIN FLOW BY-PASS SYSTEM 11 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment. 14 PART 2 - CONSTRUCTION MATERIALS 14 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 14 201-1 PORTLAND CEMENT CONCRETE 14 201-1.1 Requirements 15 201-1.1.2 Concrete Specified by Class and Alternate Class 15 201-2 REINFORCEMENT FOR CONCRETE 15 201-2.2 Steel Reinforcement 15 201-2.2.1 Reinforcing Steel 15 201-5.6 Structural Repair Mortar 15 SECTION 206 - MISCELLANEOUS METAL ITEMS 15 206-7 TIDEGATES 15 206-7.1 Waterman Industries 15 206-7.1.1 Series 5000 Heavy Duty Cast Tide (Sluice) Gate 15 206-7.1.2 P-30ff Pressure Tidegate (Slide) Gate 20 SECTION 218 — ELECTRICAL COMPONENTS 22 218-1 SLUICE GATE ELECTRICAL COMPONETS 22 218-1.1 Gate Operators 22 218-1.2 Electric Valve Actuators and Tidegate Operator Controls 22 218-1.2.1 Electric Valve Actuators 22 218-1.2.2 Electric Actuator Control 23 218-1.2.3 Electric Actuator Manufacturers 24 PART 6 - TEMPORARY TRAFFIC CONTROL 24 SECTION 600 - ACCESS 24 600-1 GENERAL 24 600-2 VEHICULAR ACCESS 25 600-3 PEDESTRIAN ACCESS SECTION 601- WORK AREA TRAFFIC CONTROL 601-1 GENERAL 601-2 TRAFFIC CONTROL PLAN (TCP) W, 26 26 26 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2019-2020 TIDEGATE IMPROVEMENT PROJECT PROJECT NO. 191303 CONTRACT NO. 7464-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D -5401-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 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Pagel of 27 At the time of the award and until completion of work, the Contractor shall possess a "A" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of the following: • Distribute construction notices to affected residents and businesses; • Remove existing tidegates and Checkmate check valve; • Remove existing rails, stems, actuators, motors and controls; • Relocate Pump Valve at 19th Street; • Furnish and installing new tidegates; • Furnish and installing new actuator, motor and controls; • Test new electric actuators and controls; and • Establish traffic control for construction. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor 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 Page 2 of 27 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 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. 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 Page 3 of 27 final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by 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. 5-7 SALVAGED MATERIALS The Contractor shall salvage existing tide valves, stems, rail guides, and valve vault hatch covers. The Contractor shall remove and salvage existing vault doors. Salvaged materials shall be delivered to the City's Utilities Yard at 949 W. 16th Street. Unless directed otherwise or shown otherwise on the plans, the Contractor shall make arrangements for the delivery of salvaged materials by contacting Tom Miller, Utilities Department, Storm Drain Supervisor, at (949) 718-3481. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting Page 4 of 27 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 90 consecutive working days from the initial "Notice to Proceed". Up to 60 consecutive working days shall be granted for preparing shop drawings; reviewing by the City; and obtaining approval; manufacturing and delivering tide valves. No work shall be done on the site until deliver of the tide valves and actuators; at this time, the Engineer shall issue a second "Notice to Proceed". After receipt of the tide valve the Contractor shall install and complete all construction activities under the contract within 20 consecutive working days. Unavailability of material will not be sufficient reason to grant the Contractor and extension of time. The Contractor shall ensure the availability and deliver of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. 6-7.2 Working Days The following days are designated City holidays and are non -working days: • January 1St (New Year's Day) • Third Monday in January (Martin Luther King Day) • Third Monday in February (President's Day) • Last Monday in May (Memorial Day) • July 4th (Independence Day) • First Monday in September (Labor Day) • November 11th (Veterans Day) • Fourth Thursday and Friday in November (Thanksgiving and Friday after) • December 24th, (Christmas Eve) • December 25th (Christmas) • December 26th thru 30th (City Office Closure) • December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. Page 5 of 27 6-7.4 Working Hours Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. Should the Contractor elect to work outside normal working hours to take advantage of favorable tidal conditions a written notice shall be provided to the Engineer with times and dates 72 hours prior to any work. 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 4:00 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. 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 $750.00. 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. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Page 6 of 27 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. 7-7 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. The City must approve any nighttime work in advance. 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 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 saw -cutting 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 Page 7 of 27 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. BMPs shall be removed when 50% chance rain or greater is expected. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.1 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 (W.A.T.C.H.), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.2) 7-10.2 Street Closures, Detours and Barricades The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL Page 8 of 27 HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Contract Manager, at (949) 718-3466 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. 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. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." 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. Page 9 of 27 The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 300 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 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. Page 10 of 27 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a valid `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 full size 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 STORM DRAIN FLOW BY-PASS SYSTEM The Contractor shall bypass all storm or tidal flows during related construction operations, as required. The Contractor shall at all times be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. Primary bypass system shall be designed to handle 120 percent (%) of the predicted flows as specified by the Engineer. Plans for bypassing shall be submitted by the Contractor to the Engineer for approval prior to related construction activity, allowing at least five working days for review and return of comments. If the tide valve has to be left closed on plug in place overnight or over the weekend, the contractor is responsible for furnishing, setting up and operating a trash pump as the bypass system. The trash pump shall be at least a 4 -inch, 580 GMP unit. The outlet hose for the trash pump shall be setup not to erode sandy beaches 24 hours per day, 7 days a week and monitored by the Contractor. Approval by the Engineer does not in any way relieve the Contractor of its responsibilities provided for in this section. 9-3 PAYMENT 9-3.1 General SECTION 9 - MEASUREMENT AND PAYMENT Page 11 of 27 The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, providing submittals, bonds, insurance and financing, attending all meetings; establishing a field office (if necessary); providing and maintaining 6 -foot high construction chain link fence screened, preparing the BMP Plan and construction schedule; and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removing construction chain link fence and all USA markings, restoring pavement surfaces to pre -construction conditions and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, delivering all required notifications; posting signs and all costs incurred notifying residents. In addition, this item includes, providing the traffic control required for the project including, but not limited to signs, cones, barricades, K -rail, temporary striping, flagpersons, etc. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Remove Existing Tidgates, Rails, Stems, Actuators, Motors and Controls: Work under this item shall include, but not be limited to, removing existing tide gates, stems, rail systems, actuators, motors, controls, associated hardware and transporting to the City Yard. Existing concrete mounts shall be removed to the limit of original vault wall and floor and disposed by the contractor. Mounting holes shall be filled flush with epoxy to the satisfaction of the Engineer and all other work items as required to complete the work in place. Item No. 4 Remove Existing 24 -Inch Tideflex CheckMate Check Valve at 19th Street: Work under this item shall include, but not be limited to, removing and dispose of existing 24 -inch tideflex CheckMate check valve, removing existing hinges and stainless steel hardware and flange at low tide after installation of new tidegate, and filling bolt holes flush with epoxy to the satisfaction of the Engineer and all other work items as required to complete the work in place. Item No. 5 Relocate Pump Valve at 191h Street: Work under this item shall include, but not be limited to, verifying all dimensions and specifications for relocation and adjustment of pump valve, stainless steel cage around pump and all electrical components to accommodate installation of new tidegate and actuator, motor and controls. Final location to be determined in the field by Engineer. Protect in place P.C.C. vault floor; mounting holes shall be filled flush with epoxy to the satisfaction of the Engineer and all other work items as required to complete the work in place. If the Page 12 of 27 sump pump, stainless steel cage, or any pump electrical component is compromised or damaged during the relocation, the Contractor shall be responsible for all costs to provide and install a replacement of identical type and size at no additional cost to the City. Item No. 6 Furnish and Install 24 -Inch Pressure Tidegate (Waterman P- 30ff): Work under this item shall include, but not be limited to, full compensation for furnishing the labor, materials, tools and equipment for procuring and delivering 24 -inch Waterman P-30ff tidegate (slide gate) or Engineer approved equal to the site; installing tidegate appurtenances to make required connections; and all other items to complete work in place; testing and certifying the installation, setting up an operation demonstration by manufacture's representative. The contractor should be aware that working in the storm drain system may be affected by surface, tidal and storm drain water. In addition, the contractor shall be responsible for verifying all dimensions and specifications for accurate placement and mounting of tidegate to include but not limited to reconstruction of structure floor and/or false wall, and all other related work items as required completing the work in place. In addition, a thin layer of grease shall be placed on the back of the gate between the plates for ease of future replacement. Item No. 7 Furnish and Install 36 -Inch Tidegate Waterman Series S5000: Work under this item shall include, but not be limited to, full compensation for furnishing the labor, materials, tools and equipment for procuring and delivering 36 -inch Waterman Series S5000 or Engineer approved equal tidegate (sluice gate) to the site; installing tidegate appurtenances to make required connections; and all other items to complete work in place; testing and certifying the installation; setting up an operation demonstration by manufacture's representative. The contractor should be aware that working in the storm drain system may be affected by surface, tidal and storm drain water. In addition, the contractor shall be responsible for verifying all dimensions and specifications for accurate placement and mounting of tidegate to include but not limited to reconstruction of structure floor and/or false wall, and all other related work items as required completing the work in place. In addition, a thin layer of grease shall be placed on the back of the gate between the plates for ease of future replacement. Item No. 8 Furnish and Install Actuator, Motor and Controls: Work under this item shall include, but not be limited to, full compensation for procuring and delivering AUMA Actuator SA/GS Series with KN coating and all connections for the electric motor operator components, #14 stranded copper conductors, and connections for controller to actuator, appurtenances to make required connections; and all other items to complete work in place; providing the labor, materials, tools and equipment to install the control complete and in place, including testing and certification of installation, setup and operation by manufacturer's representatives. The motor, actuator and controls shall use the existing electrical service. Electric conduit/cable for the motor shall have slack of additional 5 -feet and be braced to the wall of the concrete vault for ease of future replacement. Item No. 9 Reconstruct Concrete Vault Floor: Work under this item shall include, but not be limited to, all labor and materials relating to inspecting, removing and disposing portions of existing concrete vault floor if leaks are found; controlling ground Page 13 of 27 and surface water, grade and compacting subgrade; coring holes in vault floor; installing and grouting epoxy coated rebar; forming, pouring, and finishing concrete vault floor as shown on the Contract Drawings; checking floor for leaks after it is completed and all other work items as required to complete the work in place. Item No. 10 Provide Manual Valve and Pumping: Work under this item shall include, but not be limited to, installing a temporary vault/trash pump and valve (plug) on the existing vault to allow working within the vault during tidal fluctuations. If the tide valve has to be left closed on valve/plug in place overnight or over the weekend, the contractor is responsible for furnishing, setting up and operating a trash pump as the bypass system. The trash pump shall be at least a 4 -inch, 580 GMP unit. The outlet hose for the trash pump shall be setup not to erode sandy beaches 24 hours per day, 7 days a week and monitored by the Contractor. Approval by the Engineer does not in any way relieve the Contractor of its responsibilities provided for this item. All generators must use a whisper or quiet mode. Item No. 11 Provide As -Built Plans and Operation Maintenance Manual for each location: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings and an Operation Maintenance Manual. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. The as -built drawings may be provided in the digital format (PDF file). The Operation Maintenance Manual shall include, but not be limited to, all the submittals relevant to the tidegates and actuators for each location, electrical schematics, shop drawings, serial numbers, model numbers, installation manual, operation instructions, maintenance schedule and procedures, and warranty information. The Operation Maintenance Manuals shall be provided in the digital format (PDF file) and a hardcopy for each location. There are three (3) locations for this Contract; a total of three (3) hardcopy manuals shall be provided. An amount of $5,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings and the Operation Maintenance Manual for each location. 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 201 - CONCRETE. MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE Page 14 of 27 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 marine grade, epoxy -coated steel conforming to ASTM A 934 or ASTM A 775 with 2 -inch minimum cover unless shown otherwise on the plans. 201-5.6 Structural Repair Mortar The cementitious mortar used for setting the new sluice gate shall be SikaTop 123 Plus or approved equal. SECTION 206 - MISCELLANEOUS METAL ITEMS 206-7 TIDEGATES 206-7.1 Waterman Industries The Contractor shall remove existing tidegate (location at: 44th Street), furnish and install a Waterman S5000 series Heavy Duty Tidegate (Sluice Gate) with 36 -inch square opening (location at: 44th Street) and furnish and install a 24 -inch Waterman P30ff Pressure Slide Gate (at 32nd Street and 19th Street) or approved equal. Contact: CS- Amsco, Juan Rivera at juan@csamsco.com or (714) 892-4200. 206-7.1.1 Series 5000 Heavy Duty Cast Tide (Sluice) Gate PART 1: GENERAL The following specifications are for Waterman Heavy Duty Tidegate. 1.01 SCOPE This section covers the Waterman S5000 series heavy duty tidegate required on the project. The gate shall be furnished and installed complete with anchor bolts, operating stem, gate lift operator and other appurtenances as specified or needed to make a complete and operable installation. Page 15 of 27 The gate, stems, lifts and other appurtenances shall be the size, type, material and construction as shown on the drawings and specified herein. The gates shall meet the requirements of AWWA Specifications C560 (latest revision) or as modified per these specifications and shall be Waterman Heavy Duty Sluice Gate, or approved equal. All component parts shall be of the type of material shown and interchangeable where size and material are the same without grinding, chipping or special fitting in the field. The gate shall be the product of one manufacturer having five or more years of experience in the manufacture of similar gates for similar use. All mating and sliding parts shall be fully machined. All sluice gate parts, including lift, shall be designed for the heads shown with a minimum safety factor of five. All materials used in the construction of the gates and appurtenances shall be the best suited for the application and shall be as specified herein: 1.02 SUBMITTALS A. Submittals shall be as specified herein. Submittals shall include as a minimum: 1. Shop Drawings; 2. Manufacturer's operation and maintenance manuals and information; 3. Manufacturer's installation certificate with serial and model numbers; 4. Manufacturer's equipment warranty; and 5. Manufacturer's performance affidavit. 1.03 QUALITY ASSURANCE A. Qualifications 1. All of the equipment specified under this Section shall be furnished by a single manufacturer with a minimum of 5 -years of experience designing and manufacturing cast iron tide ("sluice") gates. The manufacturer shall have manufactured cast iron slide gates for the type described herein for a minimum of 50 projects. 2. The project design is based on the Waterman Heavy Duty Cast Slide ("Sluice") Gate as manufactured by Waterman Industries of Exeter, California. Proposed alternates must be pre -approved, per addendum, at least 10 -days prior to close of bid. Requests for alternates must be supplemented with detailed drawings, specifications and references. Any/all additional costs for structure modifications or other changes associated with utilizing a brand other than Waterman are to be borne by the contractor. Any savings shall be credited to the City. PART 2 EQUIPMENT 2.01 Page 16 of 27 A. The gates shall be either self-contained with yoke and bench stand operators, or non -self-contained with separate stem guides and operator, in accordance with the requirements of these specifications. B. The gate is in compliance with the latest version of AWWA C 560. C. Specific configurations shall be as noted on the gate schedule or as shown on the plans. D. Materials: COMPONENTS MATERIALS Cast Iron — Frame, Cover Slide, Wall Thimbles Cast Iron (ASTM 126 Class B) Yokes Cast Iron ASTM 126 Class B Seats Naval Bronze (ASTM B-21 — Alloy 482) Flush Bottom Seals Neoprene: ASTM D 2000 BC 615/625 Grade BE 625 Wedges and Stem Blocks Low -Zinc Bronze (ASTM B-98) Stems Stainless Steel: ASTM A-276, AISI Type 316 Stem cover Clear Butyrate With Mylar Strip Stem Guides Cast Iron (ASTM 126 Class B) Bronze Bushed Wall Brackets Steel (ASTM A-36) Pedestals Steel (ASTM A -36/A-53) Fasteners and Anchor Bolts Stainless Steel: ASTM A-593 and 594, Type 316 CW Finish Pol amide Epoxy 2.02 Frame and Guide Rails The frame and guide rails shall be cast one-piece construction or may have guides dowelled and bolted to the frame. Frames shall be of the standard flangeback or extended flange type with round or rectangular opening as indicated on the plans and in the sluice gate schedule. A machined dovetail groove for the mounting of the seat facings shall be provided on the front face of the frame around the full periphery of the opening. The frame shall be provided with cast -on pads which shall be machined, drilled, and tapped for the mounting of the wedge device. The back of the frame flange shall be machined to a plane and drilled to match the wall thimble, pipe flange, or anchor bolt pattern. Guide rails shall be of such length as to retain at least one-half of the vertical height of the slide when it is in the fully opened position. A groove running the full length of the guide rail shall be accurately machined to receive the slide tongue, with a nominal clearance of 1/16 -inch. Page 17 of 27 2.03 Cover or Slide The cover shall be of one piece cast construction with vertical and horizontal ribs, a reinforced pocket to receive the thrust nut, pads to receive the wedges, and a reinforced periphery around the back side of the cover for machining of the dovetail grooves in which the seating faces shall be mounted. All wedge pads shall be machined, drilled and tapped to receive the wedge devices. The cover shall have fully machined tongues running the full length of each side to properly engage the guide rail grooves. A thrust nut shall be provided to attach the slide to the stem. Contractor shall also furnish and provide an additional spare thrust nut at each location for maintenance purposes. For non -rising stems, the stem shall turn freely in the thrust nut, to open and close the slides as the stem is rotated. 2.04 Seating Faces All seating faces for both covers and frames shall be malleable extruded corrosion resistant material (see materials section) of a shape that will fill and permanently lock in the full width dovetail grooves of the slide and the frame. No other means of attachment will be allowed. They shall be machined to a 63 micro -inch finish, or better. 2.05 Wedges All wedges and wedge blocks shall be solid corrosion resistant material (see materials section) and shall be of sufficient number to provide a practical degree of water tightness. All wedge bearing surfaces and contact faces shall be machined to give maximum contact and wedging action. Wedges shall be fully adjustable, but once set shall not rotate or move from the desired position. All fasteners and adjustment screws shall be corrosion resistant. 2.06 Self -Contained Gate with Non -Rising Stems When a self-contained gate is specified, a yoke shall be mounted on the machined pads provided on the upper ends of the guide rails. The yoke shall have a machined bearing surface for the lift nut or pedestal mounting plate. The thrust generated by gate operation shall be transferred to the yoke by the lift. The yoke shall be designed for the thrust produced by the actuator with a safety factor of five (5), based on the ultimate strength of the material used. 2.07 Flush Bottom Tidegate When a flushbottom closure is specified, a resilient seal shall be attached to the frame so that it is flush with the invert. It shall be supported by a cast iron bracket which shall be bolted to machined pads provided on the frame. The seal shall be held in place by a bronze or stainless steel bar which shall be bolted through the seal to the bracket with stainless steel fasteners. 2.08 Wall Thimbles and Anchor Bolts Wall thimbles shall be provided with all gates except those to be mounted on pipe flanges or those gates to be attached to concrete headwalls with anchor bolts, as shown on the plans. Each thimble shall be of one-piece cast iron construction and of the section and depth as specified in the plans and gate schedule. There shall be integrally cast water stop around the periphery of the thimble. The front flange of Page 18 of 27 the thimble shall be machined, drilled and tapped to receive the sluice & slide gate attaching studs. Bolt pattern shall match gate bolt pattern. After machining, the front flange shall be marked with vertical centerline and the word "top" for correct alignment. Large square and rectangular opening thimbles shall be provided with grout holes in the invert to permit entrapped air to escape. The holes shall be 1 -1/2 - inch in diameter, no more than two feet apart and shall be upstream and downstream of the water stop. A mastic type gasket shall be provided between the sluice & slide gate and the wall thimble. Anchor bolts shall be corrosion resistant. Tidegates mounted directly upon the headwall shall be sealed between the gate back and wall with a non -shrink grout. An additional thin layer of grease shall be placed on the back of the gate between the plate for ease of future replacement. See manufacturers detailed installation instruction. 2.09 Stems and Stem Couplings Operating stems shall be of a size to safely withstand, without buckling or permanent distortion, stresses induced by normal operating forces. Stems shall be fabricated from round bar stock of cold -finished steel, stainless steel or bronze, as shown on the plans or gate schedule and shall be provided with 290 modified or full acme threads. Stems composed of two or more sections shall be joined by bronze couplings threaded and keyed to stems, or couplings of the same material as the stems, pinned, bolted or welded and pinned to the stems. In section, couplings shall be stronger than the stems. Rising stems with manual lifts shall be provided with adjustable limit nuts or stop collars above and below the floor stand lift nut to prevent over travel of the gate in either direction. 2.10 Stem Guides Stem guides and brackets shall be cast iron, with bronze bushings. Guides shall be adjustable in two directions and shall be so constructed that when properly spaced they will hold the stem in alignment and still allow enough play to permit easy operation. Stem guide spacing shall be as recommended by the manufacturer for the specific stem size, but in no case shall the length/radius of gyration (1/r) exceed 200. Brackets shall be attached to the wall by anchor bolts of sufficient strength to prevent twisting or sagging under load. 2.11 Manually Operated Lifts Tide (Sluice & Slide) gates shall be operated manually by handwheel or crank operated pedestal floor stands as required. Each lift shall be provided with a threaded cast bronze lift nut to engage the threaded portion of the stem. The lift nut shall have a machined flange, fitted above and below with thrust ball or roller bearings. Handwheel lifts shall be without gear reduction while crank operated lifts shall have either a single or double reduction. A maximum effort of 40 lbs. pull (25 Ib. pull) on handwheel or crank shall operate the gates under the specified operating head. The gears, when required, shall be steel with machine -cut teeth. Pinion gears shall be supported by bronze bushings or roller bearings. The lift mechanism shall be totally enclosed within a cast iron housing adequately provided with lubrication fittings. The pedestal shall be structural steel or cast iron. The crank shall be of cast iron with a revolving brass handle and shall be removable. The Page 19 of 27 crank shall be a maximum of 15 -inch long. All lifts for rising stems shall be provided with a dial type position indicator and a galvanized steel stem cover or a transparent plastic stem cover with mylar strip position indicator. Non -rising stem gates shall be provided with a dial type position indicator unless extension stems, valve boxes, or T -handle wrenches make an indicator impractical. Handwheels and crank input shafts shall be approximately 36 -inch from the operating floor unless otherwise shown. The word "open" shall be cast onto the housing or handwheel indicating direction of rotation to open the gate. 2.13 Shop Testing The completely assembled gate and hoist shall be separately shop -operated to insure proper assembly and operation. The gate shall be adjusted so that a .004 - inch thick gauge will not be admitted at any point between frame and cover seating surfaces. All gates and equipment shall be inspected and approved by a qualified shop inspector prior to shipment. PART 3 Storage and Installation A. Installation of the slide gates shall be done in a workmanlike manner. It shall be the responsibility of the CONTRACTOR to handle, store, and install the equipment specified in this Section in strict accordance with the Manufacturer's recommendations. B. The CONTRACTOR shall review the installation drawings and installation instructions prior to installing the slide gates. C. The slide gate frames shall be installed in a true vertical plane, square and plumb, with no twist, convergence or divergence between the vertical legs of the guide frame. D. The CONTRACTOR shall fill any void between the guide frames and the structure with non -shrink grout in accordance with the grout manufacturer's recommendations. E. Sluice & slide gates and equipment shall be stored and installed in accordance with the installation manual furnished by the gate manufacturer. After installation the completely assembled gate, stem, guides and lift shall be operated through one full cycle to demonstrate satisfactory operation. Such adjustments as necessary will be made until operation is approved by the engineer. The gate shall be subjected to leakage tests and pass the standard requirements for maximum leakage as specified in AWWA standards AWWA-0560. 206-7.1.2 P-30ff Pressure Tidegate (Slide) Gate Install 24" Waterman Industries, Inc., medium duty P-30ff tidegate (pressure slide gate), or equal approved by the Engineer, with Type 316 non -rising stainless steel stem to Page 20 of 27 fully open gate, bronze seating faces, bronze thrust nut and side wedges, Type 316 stainless steel rails and yokes, flush bottom closure, primed and epoxy coated gate and flangeback frame for wall mounting against grout pad, all primed and epoxy coated by the manufacturer and all Type 316 stainless steel hardware. Manual over -ride shall be by handwheel. Manual operation will be via power gearing to minimize required rimpull and facilitate easy change -over from motor to manual operation when actuator is under load. Return from manual to electric mode of operation will be automatic upon motor operation. A seized or inoperable motor shall not prevent manual operation. Actuator shall be capable of hand wheel operation if motor control unit is removed. Limit switches shall be furnished at each end of travel. Limit switch adjustment shall not be altered by manual operation. Limit switch drive shall be by countergear. Limit switches must be capable of quick adjustment requiring no more than five (5) turns of the limit switch adjustment spindle. One set of normally open and one set of normally closed contacts will be furnished at each end of travel where indicated. Contractor shall set all limit switches per direction of the Engineer. Mechanically operated torque switches shall be furnished at each end of travel. Torque switches will trip when the valve load exceeds the torque switch setting. The torque switch adjustment device must be calibrated directly in engineering units of torque. Contractor shall set all torque switches per the direction of the engineer. All wiring shall be terminated at a plug and socket connector. Install Type 316 stainless steel fasteners and anchor bolts throughout. Shopcoat non - stainless ferrous metals with a polyamide epoxy paint. Fabricate, assemble and anchor sluice & slide gate, operator, control components, enclosures and attachments with materials that are waterproof, primed, epoxy coated, and certified for long-term exposure and long-term submergence in a salt water environment, and prove to the Engineer's satisfaction that these specifications have been met. Upon obtaining prior authorization of the Engineer, provide a manufacture's authorized representative to certify the installation, setup and operation of the sluice & slide gate, operator and controls. Upon acceptance of the sluice & slide gate, operator and controls by the Engineer, provide a one year minimum full labor and materials warranty of the installation, setup and operation of the sluice & slide gate, operator and controls. The warranty shall be limited to replacement and repair of products installed. Page 21 of 27 SECTION 218 — ELECTRICAL COMPONENTS 218-1 SLUICE GATE ELECTRICAL COMPONETS 218-1.1 Gate Operators The Contractor shall remove existing gate actuator, motor and operator then furnish and install actuator, motor and controller fabricated by AUMA Actuators, Inc. SA/GS Series with AUMA KN coating or Engineer approved equal. Type shall be per the specifications of Waterman Industries. Contact: CS- Amsco, Juan Rivera at juan@csamsco.com or (714) 892-4200. 218-1.2 Electric Valve Actuators and Tidegate Operator Controls 218-1.2.1 Electric Valve Actuators A. Equipment Requirements: The actuators shall be suitable for use on a 120 volt 1 phase 60 Hz power supply and must include motor, integral reversing starters, local controls and terminals for remote control and indication housed within a self-contained, sealed enclosure. B. Actuator sizing: The actuator shall be sized to guarantee valve closure at the specified torque requirement as indicated by the valve supplier. The actuator must be adequately sized to provide the torque required to operate the valve at 90 - percent of the nominal voltage. C. Environmental Actuators shall be suitable for indoor and outdoor use. The actuator shall be capable of functioning in an ambient temperature ranging from -20°F to +160°F in open/close service and -20°F to +140°F in modulating service, up to 100 -percent relative humidity. Furthermore, the actuator shall be coated by AUMA KN Coating. D. Enclosure Actuators shall be 0 -ring sealed, watertight to NEMA 4X. Actuators shall be 0 -ring sealed, watertight to NEMA 4X/6 and submersible to IP 68-8 (26 feet (8meters) for 96 hours)) in accordance with EN 60529. E. Motor The electric motor shall be Class F insulated, with a duty rating of at least 15 minutes at 104°F (400C). The actuator must include a device to ensure that the motor runs with the correct rotation for the required direction of valve travel regardless of the connection sequence of the power supply. Page 22 of 27 F. Motor protection The following criteria shall be provided for motor protection: 1) The motor shall be de -energized without damage in the event of a stall condition when attempting to move a jammed valve. 2) The motor shall be de -energized in the event of an overtorque condition. 3) A minimum of three thermal devices imbedded in the motor windings shall be provided to de -energize the motor in case of overheating. 4) Lost phase protection G. Gearing The actuator gearing shall be totally enclosed in a grease -filled cast iron gearcase suitable for operation in any orientation. Actuator gearing shall be hardened steel with alloy bronze worm wheel. The design should permit the opening of the gearcase for inspection or disassembly without releasing the stem thrust or taking the valve out of service. Electric actuators shall be provided with worm gearboxes. H. Manual operation Manual operation shall be by handwheel. Manual operation shall utilize the actuator worm shaft/worm wheel to maintain self-locking gearing and to facilitate changeover from motor to manual operation when the actuator is under load. Return from manual to electric mode of operation will be automatic upon motor operation. A seized or inoperable motor shall not prevent manual operation. I. Valve position and torque calibration Limit switches shall be furnished at each end of travel. Limit switch adjustment shall not be altered by manual operation. One set of normally open and one set of normally closed contacts will be furnished at each end of travel where indicated. Mechanically operated torque switches shall be furnished at each end of travel. Torque switches will trip when the valve load exceeds the torque switch setting. 218-1.2.2 Electric Actuator Control A. Controls All actuators will be furnished with integral actuators / motor controls. It shall be possible to re -position the integral controls at 90 degree increments, so that the push buttons and indication lights will face the operator. B. Control components The following components/features shall be included with the integral controls: Page 23 of 27 1) Reversing contactors (mechanically and electrically interlocked). 2) Internal power supply / transformer for control power. 3) Control and signal voltage shall be 110 VAC as indicated, internally or externally supplied. 4) Programmable control logic 5) Automatic phase correction 6) Control system interface by one of two modes as follows: a. Control by contact closure / discrete input signals via OPEN -STOP - CLOSE signals (either 24 V DC or 115 VAC as indicated). b. Control by analog signal via positioner board capable of accepting a 4- 20mADC command signal and positioning the valve by comparing the command signal with the present valve position as indicated by the feedback potentiometer mounted inside the actuator. The positioner shall be field adjustable to fail to the "open", "closed" or "last" position on loss of analog (i.e. 4-20mADC) command signal. C. Local controls Local controls with 'OPEN - STOP - CLOSE' pushbutton type controls and a lockable selector switch with 'LOCAL - OFF - REMOTE' function. Local controls shall be supplied with indicating lights green for 'OPEN', yellow for 'FAULT' and red for 'CLOSED'. D. Output signals and for remote indication The following output signals shall be furnished for remote indication: 1) Output signals from selector switch when switch is in LOCAL or REMOTE positions via potential -free contacts. 2) Signals for end -of -travel positions OPEN and CLOSED shall be via potential -free contacts. 3) Monitor relay for collective fault signal (power failure, phase failure, thermal switch tripped and torque switch tripped in mid travel) shall be provided. 218-1.2.3 Electric Actuator Manufacturers All actuators, motor and controls shall be manufactured by AUMA Actuators, Inc. 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. Page 24 of 27 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. In addition to the 10 -day and 48-hour notices described above, the Contractor shall hand out two temporary parking permits to each residence adjacent to the alley construction. Temporary parking permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. Page 25 of 27 SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, 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. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 9. Emergency vehicle access shall be maintained at all times. 10. 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. 11.All advanced warning sign installations shall be reflectorized and/or lighted. 12.The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley 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- 3466 and all affected property owners. 13.At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 14. 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 loss of street parking. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 15. 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. Page 26 of 27 16. 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. 17. 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. Page 27 of 27 JOHN WAYNE AIRPORT h CITY OF �P COSTA MESA F UPPER o a P NEWPORT o C) > �O� �P BAY of o 17TH ST Q m ST 15TH ST FORD RALROq pq C/F/C PROJECT LOCATIONS NEWPORT CENTER SLA SA COn O �VSU�A OCEq/V PROJECT LOCATIONS VICINITY MAP SYMBOL -a POWER POLE ® SEWER CLEANOUT QS SEWER MANHOLE 0 STORM DRAIN MANHOLE >CK FIRE HYDRANT ® WATER METER ® STREET LIGHT PULL BOX ® TRAFFIC SIGNAL PULL BOX #--o STREET LIGHT 0 WATER VALVE C- GUY WIRE A SURVEY MONUMENT ID SIGN 0 VAULT VENT C&G TREE ® IRRIGATION CONTROL VALVE ® CABLE TV PULL BOX ECR CORING LOCATION ® ELECTRICAL MANHOLE m ELECTRICAL PULL BOX FLG BUILDING - - - - EXISTING CONSTRUCTION - - PROPERTY LINE FM NEW CONSTRUCTION - -�- CENTERLINE - --5---- SEWER LINE - W - WATER LINE - --G- - - GAS LINE E ELECTRICAL LINE T TELEPHONE LINE —CAN— CABLEVISION LINE SP SPRINKLER SYSTEM X -x -X- FENCE BLOCKWALL NOT TO SCALE /cl �Alr sa CITY OF IRVINE P UNIVERSITY �3 Olk- r Y ABBREVIATIONS (IN ADDITION TO GREENBOOK SECTION 1-3.2) AB AGGREGATE BASE ARV AIR RELIEF VALVE ACP ASBESTOS CEMENT PIPE AC ASPHALT CONCRETE BC BEGIN CURVE BCR BEGIN CURVE RETURN BVC BEGIN VERTICAL CURVE BLK BLOCK CB CATCH BASIN CI CAST IRON DAY NIGHT SOUTHERN CALIFORNIA GAS COMPANY CENTERLINE CNB CITY OF NEWPORT BEACH CL CLASS CLR CLEAR C&G CURB AND GUTTER E EAST/ELECTRIC EC END CURVE ECR END CURVE RETURN EVC END VERTICAL CURVE EXIST EXISTING FLG FLANGE FE FLANGED END FL FLOW LINE FM FORCE MAIN G GAS GV GATE VALVE GB GRADE BREAK GE GROOVED END IP&T IRON PIPE AND TAG LT LEFT MAX MAXIMUM MJ MECHANICAL JOINT MIN MINIMUM NG NATURAL GROUND N NORTH NTS NOT TO SCALE NO NUMBER OG ORIGINAL GROUND PCC PORTLAND CONCRETE CEMENT PE PLAIN END PROP PROPOSED PB PULL BOX RCP REINFORCED CONCRETE PIPE RET RETAINING RT RIGHT SCH SCHEDULE S SEWER SCO SEWER CLEANOUT SMH SEWER MANHOLE SHT SHEET SW SIDEWALK S SOUTH SCE SOUTHERN CALIFORNIA EDISON SQ SQUARE STL STEEL T TELEPHONE TC TOP OF CURB W WEST/WATER W/ WITH PROJECT LOCATION PUBLIC WORKS DEPARTMENT NEWPORT HARBOR Ay' V 44TH STREET & RIVER ROAD NOT TO SCALE 2019=2020 TIDEGATE IMPROVEMENT PROJECT 44TH STREET & RIVER ROAD 32ND STREET & NEWPORT BOULEVARD 19TH STREET & BALBOA BOULEVARD C. 464.1 APPROVED: APPROVED: DIRECTOR PWD / CITY ENGINEER R.C.E. NO. 51568 PROJECT LOCATION DATE: 1-02-0d-26 DATE: /IC7 Zo y 7 NEWPORT HARBOR 660,0 4 GENERAL NOTES 1. ALL WORK DETAILED ON THESE PLANS TO BE PERFORMED UNDER CONTRACT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION", 2015 EDITION AND SUPPLEMENTS TO DATE, EXCEPT AS OTHERWISE STATED IN THE CITY'S STANDARD SPECIAL PROVISIONS, OR IN THIS CONTRACT'S SPECIAL PROVISIONS. 2. EXISTING UNDERGROUND UTILITIES ARE SHOWN AS PER AVAILABLE RECORDS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE ACTUAL LOCATION AND ELEVATION IN THE FIELD PRIOR TO BEGINNING CONSTRUCTION. 3. ALL EXPOSED CONCRETE SURFACES SHALL CONFORM IN GRADE, COLOR, DIMENSION, AND FINISH TO ADJOINING IMPROVEMENTS. 4. P.C.C. SHALL BE CLASS 560-C-3250 5. CONTRACTOR SHALL ADJUST CITY UTILITIES (e.g. WATER VAULTS, WATER VALVES, SCO, SURVEY MONUMENTS, SEWER AND STORM DRAIN MANHOLES) FRAMES AND COVERS TO FINISHED GRADE PER CITY STANDARDS. ALL OTHER UTILITIES SHALL BE ADJUSTED TO GRADE BY OTHERS. 6. PROPOSED PAVEMENT AND CURB AND GUTTER SHALL JOIN AND MATCH LINE AND GRADE OF EXISTING IMPROVEMENTS UNLESS NOTED OTHERWISE. 7. NEW STORM DRAIN OUTLET PIPES TO MATCH EXISTING INVERTS, SLOPES, AND ELEVATIONS. 8. CONCRETE PIPE ANCHORS SHALL BE PER CNB STANDARD PLAN 314-L 9. ANY DISCREPANCY IN THE DRAWINGS OR SPECIFICATIONS SHALL BE CALLED TO THE ATTENTION OF THE ENGINEER. FAILURE TO DO SO WILL PLACE RESPONSIBILITY OF THE CONTRACTOR FOR CORRECTION. 10. ANY WORK NOT INDICATED ON THE DRAWINGS BUT CALLED FOR IN THE SPECIFICATIONS, OR VICE -VERSA, SHALL BE FURNISHED AND PERFORMED AS THOUGH SPECIFICALLY INDICATED AND CALLED FOR IN BOTH. ANY WORK NOT INSTALLED ACCORDING TO DRAWINGS AND SPECIFICATIONS OR ORDINANCES AND LAWS SHALL BE REPLACED AT CONTRACTOR'S EXPENSE. 11. ALL REBAR SHALL BE EPDXY COATED. CUT ENDS SHALL BE SPRAY COATED WITH EPDXY PAINT. 12. THE CONTRACTOR SHALL TEST AND ADJUST ALL TIDEGATES, ACTUATORS AND CONTROLLERS PROVIDING THE CITY OF NEWPORT BEACH A FULLY OPERATIONAL SYSTEM. 13. ALL SCREWS AND HARDWARE SHALL BE 316 STAINLESS STEEL. CONSTRUCTION NOTES O1 PROTECT IN PLACE O2 REMOVE EXISTING ACTUATOR, MOTOR AND CONTROLS. O3 REMOVE EXISTING TIDEGATE, STEM, ROLLS AND MOUNTS. PROTECT EXISTING FLOOR AND WALLS. O4 RELOCATE EXISTING PUMP VALVE AND CAGE TO ACCOMODATE INSTALLATION OF THE NEW TIDEGATE. �5 FURNISH AND INSTALL NEW WATERMAN S5000 SERIES TIDEGATE W/NON-RISING STEM FOR 36" DIAMETER PIPE (DETAIL ON SHEET 2) O FURNISH AND INSTALL 24" TIDEGATE, WATERMAN P-30FF,W/NON-RISING STEM PER CONTRACT DOCUMENTS AND MANUFACTURE'S RECOMMENDATIONS (DETAIL ON SHEET 2) O7 FURNISH AND INSTALL NEW ALMA SA/GS ACTUATOR WITH MOTOR AND CONTROLS. CONNECT TO EXISTING ELECTRICAL SERVICE. O REMOVE EXISTING 24" TIDEFLEX CHECKMATE CHECK VALVE, EXISTING HINGES, HARDWARE AND FLANGE AT LOW TIDE AFTER INSTALLATION OF NEW TIDEGATE. PROTECT EXISTING FLOOR AND WALLS. O9 CONSTRACTOR SHALL INSPECT EXISTING CONCRETE VAULT FLOOR AND EVALUATE CONDITION. IF CRACKS AND/OR LEAKS IS DETECTED, RECONSTRUCT AND REPAIR CONCRETE VAULT FLOOR. 32ND STREET & NEWPORT BOULEVARD NOT TO SCALE 19TH STREET & BALBOA BOULEVARD NOT TO SCALE C-7464-1 (53 EMERGENCY TELEPHONE NUMBERS � I - �.: o QQQpFESJlpy9! O % CALL TOLL FREE a. DAY NIGHT SOUTHERN CALIFORNIA GAS COMPANY PROJECT PETER B. �` ����� 2019-2020 TIDEGATE IMPROVEMENT PROJECT j / LOCATION � 1-800-227-2600 07 No. 2 MRK VRECT IC, PE 64465 TOM STANT BEFORE YOU DIG FOf AT&T TELEPHONE COMPANY (800) 332-1321 � Exp. � * * DIRECTOR C ,RCE ASSISTANT CITY ENGINEER CITY OF NEWPORT BEACH UTILITIES DEPARTMENT (949) 644-3011 (949) 644-3717 SHEET INDEX UTILITIES DEPARTMENT t 2 ORANGE COUNTY SANITATION DISTRICT (714) 962-2411 TIME WARNER CABLE ,� rn DESIGNED: SLG DRAWN: SLG CITY OF NEWPORT BEACH D -5401-S (714) 542-6222 SHEET No. q DATE: t BqY AVEN TITLE SHEET 1 COX COMMUNICATIONS 44TH STREET & RIVER ROAD 2 DATOE: PUBLIC WORKS DEPARTMENT ,.s B 32ND STREET & NEWPORT BOULEVARD 3 PT 22 2020 19TH STREET & BALBOA BOULEVARD 3 32ND STREET & NEWPORT BOULEVARD NOT TO SCALE 19TH STREET & BALBOA BOULEVARD NOT TO SCALE 0 U 0 E 0 ro LO I 0 N N N 0 3 0 N 0 N w E 0 U 0 Q 0 x Q) 0 rn / Li Q x a z 0 U) w 0 0 0 rn 0+ 0 d c E U a >° 0 i= w z o- 0 0 z a co w Li U) 1 0 0 N z w x x D U 0 N I rn w U 0 cm cm0 U a7 0 S N m m 0 C-7464-1 EMERGENCY TELEPHONE NUMBERS APPROVAL RECOMMENDED: REVIEWED: TITLE SHEET o QQQpFESJlpy9! CALL TOLL FREE DAY NIGHT SOUTHERN CALIFORNIA GAS COMPANY PETER B. �` ����� 2019-2020 TIDEGATE IMPROVEMENT PROJECT � 1-800-227-2600 SOUTHERN CALIFORNIA EDISON COMPANY (800) 611-19113 ) No. 2 MRK VRECT IC, PE 64465 TOM STANT BEFORE YOU DIG AT&T TELEPHONE COMPANY (800) 332-1321 � Exp. � * * DIRECTOR C ,RCE ASSISTANT CITY ENGINEER CITY OF NEWPORT BEACH UTILITIES DEPARTMENT (949) 644-3011 (949) 644-3717 ✓/9 J V UTILITIES DEPARTMENT ORANGE COUNTY SANITATION DISTRICT (714) 962-2411 TIME WARNER CABLE �tiQ TF OF CA1lE�4 /- 22- Z 0 DESIGNED: SLG DRAWN: SLG CITY OF NEWPORT BEACH D -5401-S (714) 542-6222 DATE: COX COMMUNICATIONS CHECKED: DATOE: PUBLIC WORKS DEPARTMENT SHEET 1 OF 3 PT 22 2020 0 U 0 E 0 ro LO I 0 N N N 0 3 0 N 0 N w E 0 U 0 Q 0 x Q) 0 rn / Li Q x a z 0 U) w 0 0 0 rn 0+ 0 d c E U a >° 0 i= w z o- 0 0 z a co w Li U) 1 0 0 N z w x x D U 0 N I rn w U 0 cm cm0 U a7 0 S N m m 0 - r 10 \� ti �<0� CHANNEL PLACE �\ �`'� PARK101, \\ _ VC � 36„PVC/CMP .� EX•=�� n�,. NEWPORT M 14 1 ELECTRICAL CONDUITS ------------------------------------------ EX. \\ ----------- _-------------==--------------- PULL _- \ --------------------------- 1 BOX EX. BULKHEAD pp EX. COPING -7 50 r 1 I o 0 A\ I I \I EX. I 3 I 5 A �-� 30” RCP I \CHECKER I 36 PLATE TIDEGATE \\ I COVER 1 EX. 10" PVC SD EX. / 1 36" RCP / / 1 / / 1" = 20' \-- 44TH STREET & CHANNEL PLACE 18" rl O O 29.75" D* 910 PLAN VIEW OF EX. STRUCTURE �1 FRAME COVER �3 ARCH ® RAILS �5 YOKE 4' © THRUST NUT �7 STEM ® COLLAR @9 STEM EXT. BRACKET 10 EXT. STEM 11 HANDWHEEL 2,' 1� BRONZE SEAT WATERMAN P30 -FF TIDEGATE DETAIL NOT TO SCALE FIELD)K - MEASURE IN FIELD ALL MEASUREMENTS AND PARTS ON DETAIL SHALL BE CONFIRMED PRI❑R TO ORDERING MATERIALS FIR n* 36"> /@ REMOVE EXISTING AUMA ACTUATOR AND REINSTALL ON NEW EXISTING TOP OF COPING ELE 50 TIDEGATE VALVE 1 SAND DADTC` _ J ELECTRICAL CONDUITS---------- c PROVIDE SLACK ON C� CONDUIT/CABLE I I 6' - 4" w:1 01 FRAME 20 COVER 03 THRUST NUT ® COVER WEDGE ASSEMBLY 05 GUIDE RAILS 36" © GUIDE RAILS WEDGE ASSEMEBLY 07 TOP WEDGE ASSEMBLY ® BOTTOM WEDGE ASSEMBLY 09 FASTENERS 10 SEATS WATERMAN S5000 TIDEGATE DETAIL NOT TO SCALE SECTION A -A SCALE 1 " = 20' 150 ELE 7. WALL BRACKET WATERMAN I K-38 U6 INSTALL S.S. STEM, I RAILS & HARDWARE APPLY THIN LAYER OF GREASE ON THE BACK OF BACKING PLATE FOR EASE OF FUTURE REPLACEMENT J 36" TIDEGATE n CONSTRUCTION NOTES O1 PROTECT IN PLACE O3 REMOVE EXISTING TIDEGATE, STEM, ROLLS AND MOUNTS. PROTECT EXISTING FLOOR AND WALLS. O5 FURNISH AND INSTALL NEW WATERMAN S5000 SERIES TIDEGATE W/NON-RISING STEM FOR 36" DIAMETER PIPE (DETAIL ON LEFT) O9 CONTRACTOR SHALL INSPECT EXISTING CONCRETE VAULT FLOOR AND EVALUATE CONDITION. IF CRACKS AND/OR LEAKS IS DETECTED, RECONSTRUCT AND REPAIR CONCRETE VAULT FLOOR. C-7464-1 20 M 4 N 1 vC \_-EX. 8" C SEWER LLJ W X. 10" DIP N � WATER r'7 Wjo NEWPORT BAY 19TH STREET BfE 19TH STREET & BALBOA BOULEVARD t - - R VO ALTO Yak r .; OF W EX. 24 MLCCSP SEWER 46* Rip i 1a j ;r EX. 10" VCP SEWER 32ND STREET & NEWPORT BOULEVARD EX. PUMP 5'-0" CONTROL & FBF � ELECTRIC 70 CONDUITS I I REPLACE TIDEGATE & 2 � MOTOR 1 8" A f O 1 EX. STEPS i EX. 24"- - - 4'-0" - RCP 1 6 RELOCATE SUMP PUMP TO ACCOMODATE FOR TIDEGATE & 4 8" MOTOR. LOCATION TO BE DETERMINED IN THE FIELD. IF SUMP — PUMP IS COMPROMISED/DAMAGED 1 EX. PUMP & 1 DURING RELOCATION, CONTRACTOR I I ELECTRICAL TO REPLACE IN-KIND. CONDUITS 8 REMOVE CHECKMATE CHECK VALVE AT LOW A TIDE AFTER INSTALLATION OF TIDEGATE. 0 i \ EX. 24" - RCP A I OF TIDE VALVE moo I PLAN VIEW OF EX. STRUCTURE SCALE 1 " = 20' D 5'-0" ELECTRICAL1 24"" CONDUITS TIDEGATE 1 1'-4" 6 3 U � 4 -0 I CHECKER PLATE CO ER r F -EX. /' , PULL ------- L BOX - EX. BULKHEAD EX. CURB INLET EX. BULKHEAD(])-\ PLAN VIEW OF EX. STRUCTURE SCALE 1 " = 20' 5'-0" EX. FGF s2, I I PROVIDE 7 J� SIDE ALK SLACK ON(D\'�: CONDUIT/CABLE RELOCATE SUMP PUMP TOEX. EX. ACCOMODATE FOR TIDEGATE & 4 STEPS MOTOR. LOCATION TO BE DETERMINED IN THE FIELD. IF SUMP PUMP IS COMPROMISED DURING RELOCATION, CONTRACTOR TO REPLACE IN-KIND. EX. 5'X4'X10.57' I = DEEP CATCH �I BASIN STRUCTURE 1 EX. 24" 9 �F -0 L — 2 5„ T - F 24" TIDEGATE �F �-oo -t L_ EX. CURB INLET EXISTING PAYMENT 2� PROVIDE SLACK ON CONDUIT/CABLE I EX. 5'X4'X9.55' 1 DEEP CATCH WALL BRACKET BASIN STRUCTURE WATERMAN K-38 6 INSTALL S.S. STEM, RAILS & HARDWARE APPLY THIN LAYER OF ; GREASE ON THE BACK OF _ 42"RCP-� BACKING PLATE FOR EASE OF FUTURE REPLACEMENT 9 ESE -1.95 � J REMOVE EXISTING PLATE FROM EXISTING CONCRETE & FASTEN TIDEGATE TO STRUCTURE W/ 4 SS. BOLTS (TYP) SECTION AIIIIIIIIIIIII, k SCALE 1" = 20' SECTION SCALE 1 " = 20' INSTALL ACTUATOR/MOTOR CONNECT TO EXIST. POWER SOURCE EX. LANDSCAPE 8" WALL BRACKET EX. 4" SDR WATERMAN K-38 OUTLET PIPE 6 INSTALL S.S. STEM, RAILS & HARDWARE APPLY THIN LAYER OF GREASE ON THE BACK OF BACKING PLATE FOR EASE OF FUTURE REPLACEMENT 8 REMOVE CHECKMATE CHECK VALVE AT LOW TIDE AFTER INSTALLATION OF TIDEGATE EX. 24" o ELE -0.57 REMOVE EXISTING PLATE FROM EXISTING CONCRETE & FASTEN TIDEGATE TO STRUCTURE W/ 4 SS. BOLTS (TYP) A -A CONSTRUCTION NOTES 01 PROTECT IN PLACE O2 REMOVE EXISTING ACTUATOR, MOTOR AND CONTROLS. O3 REMOVE EXISTING TIDEGATE, STEM, ROLLS AND MOUNTS. PROTECT EXISTING FLOOR AND WALLS. 4ORELOCATE EXISTING PUMP VALVE AND CAGE TO ACCOMODATE INSTALLATION OF THE NEW TIDEGATE. O FURNISH AND INSTALL 24" TIDEGATE, WATERMAN P-30FF W/NON-RISING STEM PER CONTRACT DOCUMENTS AND MANUFACTURE'S RECOMMENDATIONS (DETAIL ON SHEET 2) O7 FURNISH AND INSTALL NEW AUMA SA/GS ACTUATOR WITH MOTOR AND CONTROLS. CONNECT TO EXISTING ELECTRICAL SERVICE. O REMOVE EXISTING 24" TIDEFLEX CHECKMATE CHECK VALVE, EXISTING HINGES, HARDWARE AND FLANGE AT LOW TIDE AFTER INSTALLATION OF NEW TIDEGATE. PROTECT EXISTING FLOOR AND WALLS. O9 CONTRACTOR SHALL INSPECT EXISTING CONCRETE VAULT FLOOR AND EVALUATE CONDITION. IF CRACKS AND/OR LEAKS IS DETECTED, RECONSTRUCT AND REPAIR CONCRETE VAULT FLOOR. C-7464-1 _a U a I O N \ N 0 a, 0 N O N c a� W U 41 a a a� a1 a / w Q I z c� V) w 0 / O 0 0) O L U a Q) / w 0 Q z Q 0 0 Z a W w m N I O O N z w U O N I rn U C) C O U 0 O L a c— / m I / L U) /