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HomeMy WebLinkAboutC-7539-3 - Water Transmission Main (Phase II) Valve Replacement ( Alta Vista Regulator Relocation)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 15th day of October, 2020, at which time such bids shall be opened and read for WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT Contract No. 7539-3 $2,800,000 Engineer's Estimate Ap James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanVID=22078 Hard copy plans are available via Mouse. Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Alfred Castanon, Proiect Manager at (949) 644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE http://newportbeachca gov/government/open-transparent/online-services/bids rfps vendor=registra-tion CitV of Newport Beach WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT Contract No. 7539-3 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10 NON -COLLUSION AFFIDAVIT..................................................................... 19 DESIGNATION OF SURETIES...................................................................... 20 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 21 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 23 INFORMATION REQUIRED OF BIDDER..................................................................... 24 NOTICE TO SUCCESSFUL BIDDER........................................................................... 27 CONTRACT.................................................................................................................. 28 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach WATER TRANSMISSION MAIN (PHASE 11) VALVE REPLACEMENT Contract No. 7539-3 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 confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 21d 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. 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 4 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 parry 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 revie -7 z ` I �l A ��,� Contractor's License No. & Classification Authp'rized Signature/Title foo 0 © 610 SYa 9 Folz DIR Registration Number & Expiration Date Date ' e -e Bidder t 5 BOND #7-B PREMIUM: NIL City of Newport Beach WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT Contract No. 7539-3 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT, Contract No. 7539-3 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 21ST day of S/P EMBER 2020. PAULUS ENGINEERING Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 777 S. FIGUEROA STREET, SUITE 300 LOS ANGELES, CA 90017 Address of Surety (213) 337-2074 Telephone /, I.L. —(, . /-- Hutnorized Signature/Title Authorized A -gent Signature CHARLES L. FLAKE / ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 59 CALIFORNIA ALL-PURPOSE CERT'IFICAT'E OF ACKNOWLEDGEMENT'otary [�A public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ificate is attached, and not the truthfulness, accuracy or validity of the document. State of California i County of Orange } i On September 21, 2020 before me, Georgia Kellen Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I 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. GEORGIA KELLEY ` Notary Public - California z i Orange County > Commission # 2308026 Signature of Notary P6biic (Notary Seal) `''"�•"� My Comm. Expires Oct 6. 2023 I i ADDITIONAL OPTIONAL INFORMATION SCRIPTION OF THE ATTACHED DOCUMENT F CAPACITY CLAIMED BY THE SIGNER Individual Title or description of attached document Corporate Officers_/Title_ Number of pages Document Date Partner Attorney-In-Fact Trustee Other Additional Information i 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 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(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 X Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ss_ On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of } ss. On 20 before me, Notary Public, personally appeared 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 9 (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 Oranc On 9/21/20 before me, Lexie Sherwood personally appeared Charles L. Flake Notary Public, Insert Name of Notary exactly as it appears on the official seal Name(s) of 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/sheithey 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 Nota Publi YW'6iexieer,,, i li 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: LEXIE SHERWOOD COMM. # 2203287 9 NOTARY PUBLIC o 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 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/sheithey 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 Nota Publi YW'6iexieer,,, i li 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: SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ``COQo1AuiS ��i �mmrwnururnnu alczSIONgi�"'ry By �0 µPDR ', Sto = �~:2 Q; • m_ Steven P. Anderson, Senior Vice President of Nashinglen In[ornattonal Insurance Company SIAL W ;Z 1973 ru n= & Senior Vice President of forth American specialty Insurance Company = ys? doe by' By /y r�rcmt*m:n1\ \Iirhacl A. Ifo, c� moi Grcc President n� •u unglan nlcrnntrona nsurancc omp• �n & Senior Vice President orNonh American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 19 day of October 12017 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 19 day of October 20 17 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito . Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KE=Y cl lllhmis —� •\ �: btyCommissionFxpins M. Kenn Nota Public 1 2/0 412 0 21 y rY I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 21st day of September 20 20 Jeffrey Goldberg, Vice President & Assistant Secrelaryor Washington International Insurance Company & North American Specialty Insurance Company City of Newport Beach WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT Contract No. 7539-3 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. Bidder - �-r-- L / f` Authorrjzed Signature/Title J City of Newport Beach WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT Contract No. 7539-3 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. me [,I u lul /11; 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 Project Description Approximate Construction Dates: From La To:_9��/� Agency Name Contact Person ��%, �e,,,, �r fC z Telephone VYf Original Contract Amount $ // ` Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) ,J 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 Z_ Project Description Approximate Construction Dates: From 2 to To: S ��p/ Agency Name Contact Person Telephone Original Contract Amount $Z9/.s` v Final Contract Amount $ Z;? S—:,7y If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description � j%6,�,� L��/� If /A/' 41 Approximate Construction Dates: From�v � To: Agency Name /P" /l/r4 u . / Z A i Z oz i Contact Person z s Telephone W1 "I -3'X 2 S--�v o Original Contract Amount W7 vb Final Contract Amount $ �Vjf If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number ��� 4-' ems" Project Description /<?'/C o/�///,f/�tio�� Approximate Construction Dates: From% To: I /rte/i' Agency Name Contact Person Telephone Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From / o To: ���"/A- Agency Name Contact Person � �, �� _ �„ Telephone 11A Original Contract Amount $ L /P' Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Al •/iI .tel A; 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 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From oto To:—Z. - Agency Name Contact Person ", -, ,4" 1"'., _ .X" ..-,� Telephone ff/1 Original Contract Amount $&6Final Contract Amount $_ 2 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial sta$�ment and other information sufficiently comprehensive to permit an appraisal of th Contractor's current financial conditions. T Bidder Authoyized Signature/Title 13 TECHNICAL ABILITY AND EXPERIENCE REFERENCES - Questionnaire 1. Have you completed projects in the five years that combined total more than 50,000 linear feet of pipelines of larger than 8 -inches in diameter. XYes ❑ No 2. At any time in the last five years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? ❑ Yes �x No If yes, explain on a separate signed page, identifying all such projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages. 3. In the last five years has your firm, otherwise prevented from bidding on, public works project for any reason? ❑ Yes 4 No If "yes, " explain on a separate signed page. been debarred, disqualified, removed or or completing, any government agency or 4. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? ❑ Yes X No If "yes," explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency. 5. In the past five years has any claim a ainst your firm concerning your firm's work on a construction project been filed in court or arbitration? ❑ Yes A No If "yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 14 6. In the past five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? ❑ Yes No If "yes," on separate igned sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution). 7. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf, in connection with a construction project, either public or private? F-1 Yes (41 No If "yes," explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved. 8. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. ❑ Yes X No If "yes," attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. 9. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 1998, if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. ❑ Yes A No 15 If "yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). i Bidder / Authorized Signature/Title 16 Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Did you submit this as part of your bid? KYes ❑ No Bidder 17 /P A C I �d' Ault,orized Signature/Title Contractor shall attach a reviewed or audited financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Did you submit this as part of your bid? (tO Yes ❑ No r� idder lim x.(36 Authorized Signature/Title City of Newport Beach WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT Contract No. 7539-3 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of b ' g fir t duly sworn, deposes and says that he or she is Of eu �u> C��c �� G c �: �� �.. c . 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 State of Chi'if rnia that the foregoing is true and correct. // Bidder Authoh" "d Signature/Ti le 11 Subscribed and sworn to (or affirmed) before me on this day of = 2020 by ,' proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct: [SEAL] 19 Notary Public My Commission Expires: i i i JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. I State of California I I County of Orange I .I Subscribed and sworn to (or affirmed) before me on this 21 day of September, 2020 li by Jason Paulus �I proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I I c -- Georgia Georgia Kelle f Seal) (Notary I GEORGIA KELLEY Notary public - CaliforniaOrange County *my Commission x 2308026 Comm. Expires Oct 6, 2023 i I OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT I (Title or description of attached document) I Number of pages: Document Date: i I I (Additional Information) I i i I City of Newport Beach WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT Contract No. 7539-3 DESIGNATION OF SURETIES Bidder's name I a I µ) Provide the names, addresses, and phone numbers for all brokers and sureties from wh�eomf IBidder intends (to♦ procure insurance and bon/ds (list by insurance/bond type): J!v%1` ��t•�iLt� J//ltlw//tn L�Lw/d�AG, '.)U.c/On- M. �Xr- 3700 7 - gg-?_ J -G �vtl^ci0�,�s. YASlit�l�-tLl �•iv:Lcs L�►c ! /7/'Of-t// t -7a - P S3 0 W o/ City of Newport Beach WATER TRANSMISSION MAIN (PHASE 11) VALVE REPLACEMENT Contract No. 7539-3 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name 2 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. 21 Current Record Record Record Record Record Year of for for for for for Record 2019 2018 2017 2016 2015 Total 2020 No. of contracts Total dollar Amount of 1Z�'l % j,�i7jf+.� Z�iy'l (7.�/y''l ����'•I �� ��►�� �/�;� Contracts (in ( (�• Thousands of $) No. of fatalities a o o No. of lost Workday Cases d b Z a 6 3 No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 21 Legal Business Name of Bidder T4,,L Business Address: ( iV/7 n^ Z iroC Business Tel. No.: 114/- State Contractor's License No. and Classification: �< < Title , 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 O 4 Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 22 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On September 21, 2020 before me, Georgia Kelley, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. signature ofNotaryublic ADDITIONAL OPTIONAL INFORMATION Commission k 2308026 Comm. Expires Oct 6, 2023 GEORGIA KELLEY Notary Public -Californiax *my Orange County (Notary Seal) ADDITIONAL OPTIONAL INFORMATION Commission k 2308026 Comm. Expires Oct 6, 2023 City of Newport Beach WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT Contract No. 7539-3 ACKNOWLEDGEMENT OF ADDENDA Bidder's name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Oignature o z zoz o f 23 City of Newport Beach WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT Contract No. 7539-3 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: �T- Name of individual Contractor, Company or Corporation: T4IZ/H> A Business Address: ;i'71_,�', (, IMIA O V IVA. �, ; Telephone and Fax Number: �1 � ,4 V - I y?j California State Contractor's License No. and Class: '2 75UP1 44 (REQUIRED AT TIME OF AWARD) Original Date Issued: S S Expiration Date: - o 1-7,,p -2-- List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: r Z 1t h ff � 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 Kusa -� All,.r/us �-,S 1�W. ,. /J- /�„ Z(--, C-.,4 -�z to -z 1Zr C', A. --j,-- 6 Corporation organized under the laws of the State of -Z,/11/1- 01 G,/'/ The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: aA 't -- All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: ®,, ,(-- For v For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; /l/l/W Have you ever had a contract terminated by the owner/agency? If so, explain. D Have you ever failed to complete a project? If so, explain. %v For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor com fiance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes o 99 Are any claims or actions unresolved or outstanding? Yes&) If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. rn�r ✓► c, Bidder (Print name of�Owner or President of Corporation/Company) Authon',6d Signature/Title Title Date On before me, , Notary -Public, personally appeared who -pr ved 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 is/ authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persons) orthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY, under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ��cv 7 (SEAL) Notary Public in and for said State My Commission Expires: 26 CALIFORNIA ALL-PURPOSE CERT'IF'ICA'T'E OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached; and not the truthfulness; accuracy or validity of the document. State of California County of Orange On September 21, 2020 before me, Georgia Kelley, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. GEORGIA KELLEY Notary Public - California Signature of Notary Pu6is (Notary Seal) Orange County *my Commission R 2308026 Comm, Expires Oct 6, 2023 l ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT • CAPACITY CLAIMED BY THE SIGNER I i I i i Individual I, Title or description of attached document Corporate Officers /Title_ I'L; Partner Number of pages Document Date Attorney-In-Fact Trustee Other i! ji i, Additional Information ('I City of Newport Beach WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT Contract No. 7539-3 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. 27 Storm Drain a Water o Sewer Established 1983 (714) 632-3975 / info@paulusengineering.com PAULUS ENGINEERING, INC. PIPELINE CONSTRUCTION PEI Team Resume: Angelo Veronesi, Superintendent angelo@paulusengineering.com / M (714) 287-0561 Total Years of Professional Experience: 41 Vears + Paulus Engineering: <1 year Angelo Veronesi Utilities Superintendent Angelo Veronesi has over 41 years of experience managing the construction of underground utilities and has been with Brutoco since 1999. His areas of expertise include storm drain, water and sewer line installations, including large diameter pipeline. He has ensured successful completion of utility work on numerous projects for Caltrans, MWD, the City of Los Angeles and other public works agencies. Project Experience Passons Blvd Underpass, City of Pico Rivera, CA, Utilities Superintendent, $12.3M. Planned, scheduled and oversaw field crews performing relocation of the sewer, storm drain and water lines. Waterline installation included up to 16 -inch ductile iron pipe, fire hydrants, water service connections, gate valves and air release assembly. This $12M project railroad grade separation lowered Passons Blvd and constructed a new bridge for the BNSF railroad and a new pump station. The pump station was 28 -feet below grade at its deepest point, and located directly adjacent to live railroad tracks. Ramona Ave Grade Separation, Alameda Corridor East, City of EI Monte, CA, Utility Superintendent, $22.8M. Planned scheduled and oversaw field crews that constructed a 12 -inch water main, high pressure gas line, extensive drainage work including 72 -ince RCP installation and connection structure. Water line installation included up to 12 -inch ductile iron pipe, 72 -inch reinforced concrete pipe, fire hydrants and services. This $22M grade separation project included bridges for UPRR and Metrolink trains, retaining walls, intersection improvements and a new pump station. The pump station was 42 -feet below grade with two -foot thick concrete walls. SR -91 Eastbound Lane Addition SR -241 to SR -71, Caltrans, Corona, CA, Utilities Superintendent, $36M. Managed crews, equipment and materials for installation of storm drain systems up to 60 -inch diameter pipe. This $36 million project widens the eastbound SR -91 freeway from SR -241 to SR -71, adding one general purpose lane and widening all lanes to standard widths over approximately 4.5 miles. SCRRA Eastern Maintenance Facility, Southern California Regional Rail Authority, Colton, CA, Utilities Superintendent, $36M. Planned, scheduled and oversaw field crews performing installation of storm drains, waterlines, and waste water lines. Facilities constructed include a four track storage yard with capacity for 4 six -coach trainsets, two Service and Inspection (S&I) tracks, fueling and sanding service setup, a 240 foot long Train Washer, a 5,150 sf Transportation Building, grading, drainage, paving, utilities, bridge construction, and other site work. One of the ways that Brutoco mitigated delays to the project was to propose an alternate method of constructing the 48 -inch double barrel storm drain parallel to existing track. Angelo's crews performed the work round-the-clock during two, 55 -hour weekend closures of Metrolink track. Instead of taking the two months scheduled, the work was performed during two weekends and saved seven weeks of time in the project completion date. Wet Utility Pipeline Professionals ® 28711. Coronado St., Anaheim, CA 92806 ® vrrnv.paulusengineering.com Paulus Engineering, Inc. • General Engineering Contractor Uc 724114 WE& PAULUS ENGINEERING, INC. PIPELINE CONSTRUCTION Storm Drain o Water o Sewer Established 1983 (714) 632-3975 / info@poulusengineering.com Las Perillas Pumping Plant Repairs, Department of Water Resources, Kettleman City, CA, Project Superintendent, $2M. Brutoco removed and replaced a section of 78 -inch diameter steel pipe in two existing penstocks at the Las Perillas Pumping Plant south of Kettleman City. The existing penstock piping had corroded through over the years causing leaks and erosion of the existing slopes. The work, which included coating repair to the existing pipes, was completed around the clock during a three week period. Ramona Avenue Grade Separation, Alameda Corridor East (ACE), EI Monte, CA, Utilities Superintendent, $18M. Scheduled and supervised underground utilities construction including 72 -inch storm drain pipe that was jacked under Union Pacific Railroad and Metrolink track. This grade separation construction project included construction of two shooflies and bridges for UPRR and Metrolink trains, retaining walls, roadway and intersection improvements, drainage, electrical and pump station construction. Robert Diemer Solids Handling and Maintenance Facilities, Metropolitan Water District of Southern California, Yorba Linda, CA, Utilities Superintendent, $34M. Responsible for the underground utility work including installation of a 30 -inch waterline, storm drain, sewer lines, and yard piping for this water treatment plant. The new facilities constructed for MWD included a new solids dewatering facility building housing three belt filter presses, an electrical room, polymer storage and mixing equipment, and three cake pumps; a truck loading facility; four elevated solids storage hoppers, and two gravity thickeners. SR -91 Widening at Jackson Street, Caltrans, Riverside, CA, Utilities Superintendent, $18M. Planned and managed extensive storm drain work and waterline construction for this SR -91 freeway widening project including jacking a 36 -inch waterline under the 91 freeway 35 feet below grade. The project added lanes for SR -91 in Riverside, replaced the Jackson Street bridge, widened five bridges and construct retaining walls between Van Buren Boulevard and Arlington Avenue. SR-22/SR-55 Interchange, Caltrans, Orange, CA, Utilities Superintendent, Responsible for mechanical crew planning and oversight for this Caltrans interchange project. Managed storm drain pipe installation up to 96 -inch RCP and box culvert construction. Scope of work included removal and replacement of the ESR -22 to NSR -55 flyover connector, bridge widenings, a new off -ramp, widening of the SR -55 freeway, retaining wall and sound wall construction. Certifications and Training OSHA 10 Hour Certified OSHA 30 Hour Certified First Aid & CPR Certified BNSF and Metrolink Safety Trained Fall Protection Certified Crosby Rigging Certified Excavation Safety Trained Confined Space Competent Person Wet Utility Pipeline Professionals a 2871 E. Coronado St., Anaheim, CA 92806 o www.poulusenginee[ing.com Paulus Engineering, Inc. ® General Engineering Contractor Lic 724114 APAC CPAs 4206 E. La Palma Avenue Anaheim, CA 92807-1816 #, Phone: 714.993.1040 Fax: 714.993.4700 INDEPENDENT ACCOUNTANT'S COMPILATION REPORT Board of Directors Paulus Engineering, Inc. (A Subchapter S Corporation) 2871 E. Coronado Street Anaheim, CA 92806-2504 Management is responsible for the accompanying financial statements of Paulus Engineering, Inc. (A Subchapter S Corporation), which comprise the balance sheet as of March 31, 2020, and the related statements of income and retained earnings and cash flows for the six months then ended, and the related notes to the financial statements in accordance with accounting principles generally accepted in the United States of America. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the financial statements nor were we required to perforin any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, a conclusion, nor provide any form of assurance on these financial statements. Anaheim, CA June 2, 2020 MEMBER, CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS CONTENTS Page INDEPENDENT ACCOUNTANT'S COMPILATION REPORT 1 COMPILED FINANCIAL STATEMENTS: BALANCE SHEET - ASSETS 3 BALANCE SHEET - LIABILITIES AND STOCKHOLDERS EQUITY 4 STATEMENT OF INCOME AND RETAINED EARNINGS 5 STATEMENT OF CASH FLOWS 6 NOTES TO FINANCIAL STATEMENTS 7 COMPILED SUPPLEMENTARY FINANCIAL INFORMATION: INDEPENDENT ACCOUNTANT'S COMPILATION REPORT ON SUPPLEMENTARY FINANCIAL INFORMATION 18 SCHEDULE OF COST OF EARNED CONTRACT REVENUE 19 SCHEDULE OF GENERAL AND ADMINISTRATIVE EXPENSES 20 SCHEDULE OF CONTRACTS IN PROGRESS 21 SCHEDULE OF RATIOS 23 PAULUS ENGINEERING, INC. BALANCE SHEET March 31, 2020 ASSETS CURRENT ASSETS: Cash (Notes 1 & 2) Accounts Receivable - Trade (Notes 1 & 3): Regular Retentions Net Accounts Receivable - Trade Unbilled Work in Progress (Notes 1 & 4) Prepaid Insurance Prepaid Income Tax Total Current Assets PROPERTY AND EQUIPMENT, AT COST (NOTE 1): Autos and Trucks Office Furniture and Equipment Construction Equipment Less: Accumulated Depreciation Net Property and Equipment DEPOSITS Total Assets 5,037,425 1,839,618 $ 297,743 — 1,543,116 36,180 800 8,754,882 766,657 68,925 1,583,516 2,419,098 (2,332,602) 86,496 See Accompanying Notes to Financial Statements and Independent Accountant's Compilation Report -3- 57,388 $ 8,898,766 PAULUS ENGINEERING, INC. BALANCE SHEET March 31, 2020 LIABILITIES AND STOCKHOLDERS EQUITY CURRENT LIABILITIES: Contracts Payable - Current Portion (Note 5) Line of Credit (Note 14) Accounts Payable - Trade (Including Retentions of $279,922) (Note 6) Project Receivables Billed in Advance (Notes I & 4) Accrued Payroll and Related Expenses Insurance Contract Payable Note Payable - Stockholder (Note 8) Total Current Liabilities LONG-TERM LIABILITIES: Contracts Payable - Net of Current Portion (Note 5) Total Long -Tenn Liabilities Total Liabilities COMMITMENTS AND CONTINGENCIES (NOTES 8, 9, 10 & 11) STOCKHOLDERS EQUITY: Common Stock (Note 7) Retained Earnings Total Stockholders Equity Total Liabilities and Stockholders Equity 20,000 1,761,109 See Accompanying Notes to Financial Statements and Independent Accountant's Compilation Report -4- $ 254,342 704,323 4,363,905 1,002,863 323,290 35,503 108,896 6,793,122 324,535 324,535 7,117,657 1,781,109 $ 8,898,766 PAULUS ENGINEERING, INC. STATEMENT OF INCOME AND RETAINED EARNINGS Six Months Ended March 31, 2020 See Accompanying Notes to Financial Statements and Independent Accountant's Compilation Report -5- Percent Amount of Revenue EARNED CONTRACT REVENUE (NOTE 12) $ 15,085,387 100.0% COST OF EARNED CONTRACT REVENUE (NOTE 13) 14,238,539 94.4% GROSS PROFIT 846,848 5.6% GENERAL AND ADMINISTRATIVE EXPENSES 748,641 5.0% INCOME FROM OPERATIONS 98,207 .6% OTHER (INCOME) EXPENSE: Interest Expense 23,172 .1% Other Income (859) Total Other (Income) Expense 22,313 .1 INCOME BEFORE INCOME TAX 75,894 .5% PROVISION FOR INCOME TAX (NOTE 1) 800 NET INCOME 75,094 .5% RETAINED EARNINGS, OCTOBER 1, 2019 1,686,015 RETAINED EARNINGS, MARCH 31, 2020 $ 1,761,109 See Accompanying Notes to Financial Statements and Independent Accountant's Compilation Report -5- PAULUS ENGINEERING, INC. STATEMENT OF CASH FLOWS Six Months Ended March 31, 2020 CASH FLOWS FROM OPERATING ACTIVITIES: Net Income Adjustment to Reconcile Net Income to Net Cash Provided by Operating Activities: Depreciation Changes in Operating Assets and Liabilities: Net Increase in Accounts Receivable - Trade Net Increase in Unbilled Work in Progress Net Decrease in Prepaid Insurance Net Decrease in Prepaid Income Tax Net Increase in Deposits Net Increase in Note Payable - Bank Net Increase in Accounts Payable - Trade Net Increase in Project Receivables Billed in Advance Net Decrease in Accrued Payroll and Related Expenses Net Decrease in Insurance Contract Payable Net Increase in Note Payable - Stockholder Net Cash Provided by Operating Activities CASH FLOWS FROM FINANCING ACTIVITIES: Repayment of Contracts Payable Net Cash Used by Financing Activities NET INCREASE IN CASH CASH, OCTOBER 1, 2019 CASH, MARCH 31, 2020 See Accompanying Notes to Financial Statements and Independent Accountant's Compilation Report -6- $ 75,094 22,584 (2,041,072) (949,909) 217,080 16,400 (4,479) 704,323 1,968,739 381,904 (22,807) (213,144) 108,896 263,609 (159,733) (159,733) 103,876 193,867 $ 297,743 PAULUS ENGINEERING, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2020 NOTE 1 Organization and Summary of Significant Accounting Policies Organization: The Company was incorporated on May 15, 1996 under the laws of the State of California and is principally engaged in the installation of concrete pipe used for construction of sewers, culverts, and related drainage facilities primarily in Southern California. Use of Estimates: The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America, requires the Company's management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from the estimates that were used. Fair Value of Financial Instruments: The Company's financial instruments, including cash, accounts receivable, accounts payable, and other accrued expenses and liabilities are carried at cost, which approximates their fair values because of the short-term maturity of these instruments. Method of Accounting for Contracts: In 2019, the Company adopted Accounting Standards Update ("ASU") 2014-09 (ASC Topic 606). "Revenue from Contracts with Customers" using the modified retrospective method in which the new guidance was applied retrospectively to contracts that were not completed as of October 1, 2018. Results for the year ended September 30, 2019 have been presented under Topic 606 while prior period amounts have not been adjusted and continue to be reported in accordance with previous guidance. The adoption resulted in an immaterial impact to the overall operations of the company. See Note 1 and Note 4 for further discussion. Conti -acts. The company recognizes contract revenue over time, as performance obligations are satisfied, due to the continuous transfer of control to the customer. The contracts are generally accounted for as a single perfonnance obligation and are not segmented between types of services. The company recognizes revenue using the percentage -of -completion method, based primarily on contract cost incurred to date compared to a total estimate of contract cost. The percentage -of -completion method (an input method) is the most faithful depiction of the company's performance because it directly measures the value of the services transferred to the customer. Changes to total estimated contract cost or losses, if any, are recognized in the period in which they are determined as assessed at the contract level. See Accompanying Independent Accountant's Compilation Report -7- PAULUS ENGINEERING, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2020 NOTE 1 Organization and Summarof Significant Accounting Policies Variable consideration. The nature of the company's contracts gives rise to several types of variable consideration, including unpriced change orders and liquidated damages and penalties. The company recognizes revenue for variable consideration when it is probable that significant reversal in the amount of cumulative revenue recognized will not occur. The company estimates the amount of revenue to be recognized on variable consideration using the expected value or the most likely amount method, whichever is expected to better predict the amount. Factors considered in determining whether revenue associated with claims should be changed include the following: (a) the contract or other legal basis for the claim, (b) additional costs were cause by circumstances that were unforeseen at the contract date and not the result of the deficiencies in the company's perforinance, (c) claim -related costs are identifiable and considered reasonable in view of the work performed, and (d) evidence supporting the claim is objective and verifiable. General and administrative expenses are charged to operations as incurred and are not allocated to contract costs. Uninsured Cash Balances: The Company maintains checking and savings accounts at a financial institution. Cash accounts at the financial institution are currently insured by FDIC for up to specified amount. Deposits held with the financial institution may exceed the amount of insurance provided on such deposits. Accounts Receivable - Trade: Accounts receivable - trade consist of billed receivables and earned amounts retained by customers pending satisfactory completion of the applicable contracts. Unbilled receivables consist of the excess of costs and estimated earnings to date over billings on contracts in progress and unbilled amounts on completed contracts. Allowance for Doubtful Accounts: Accounts are written off when deemed uncollectible. Allowance for doubtful accounts is determined by management based upon aging and prior experience. No allowance for doubtful debts is considered necessary at March 31, 2020. See Accompanying Independent Accountant's Compilation Report -8- PAULUS ENGINEERING, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2020 NOTE 1 Organization and Summary of Significant Accounting Policies (Continued) Property and Equipment: Property and equipment are carried at cost. For both financial reporting purposes and income tax purposes, depreciation on assets is provided using the Modified Accelerated Cost Recovery System over the estimated useful lives of the assets (principally 5 to 7 years). Expenditures which materially increase property and equipment lives are capitalized as incurred. The cost of maintenance and repairs is charged to expense as incurred. When assets are retired or otherwise disposed of, the cost of the property and the related accumulated depreciation are removed from the accounts; gains and losses from such disposals are included in income. Depreciation expense for the six months ended March 31, 2020 amounted to $22,584. Impairinent of Long -Lived Assets: The Company reviews long-lived assets for impairment whenever events or changes in circumstances indicate that the carrying amount of such assets may not be recoverable. Recoverability of these assets is determined by comparing the forecasted undiscounted net cash flows of the operation to which the assets related to the carrying amount. If the operation is determined to be unable to recover the carrying amount of its assets, then assets are written down first, followed by other long-lived assets of the operation to fair value. Fair value is determined based on discounted cash flows or appraised values, depending on the nature of the assets. There were no impairment losses recognized for long-lived assets as of March 31, 2020. Income Taxes: The Company presents its income taxes in accordance with FASB Accounting Standards Codification ("ASC") 740, Income Taxes. The Company has elected and received approval from the tax authorities to be treated as a S Corporation for federal and state tax purposes effective May 15, 1996. No provision for federal income tax is reflected on these financial statements, as the shareholders are responsible for tax on an individual basis. See Accompanying Independent Accountant's Compilation Report -9- PAULUS ENGINEERING, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2020 NOTE 1 Organization and Summary of Significant Accounting Policies (Continued) As a September fiscal year end S corporation, the Company does make a prepaid estimate of its taxes for the period between its fiscal year end and the calendar year end. The provision for income taxes as shown in the accompanying financial statements represent the 1.5% California franchise tax applicable to the S corporation for the six months ended March 31, 2020. There was no deferred income tax liability at March 31, 2020. The Company reports its income under the accrual basis percentage -of -completion method for financial reporting and income tax purposes. The Company's income tax filings are subject to audit by various taxing authorities. The Company's open audit periods are years ended September 30, 2016, 2017, 2018 and 2019. In evaluating the Company's tax provisions and accruals, future taxable income, and the reversal of temporary differences, interpretations and tax planning strategies are considered. The Company believes its estimates are appropriate based on current facts and circumstances. There are currently no ongoing income tax examinations nor has the Company been notified that an examination is forth coming. Advertising Costs: Advertising costs are expensed as incurred. Advertising expense for the six months ended March 31, 2020 amounted to $4,154. Profit Sharing 401(k) Pension Plan: Effective June 1, 1996, the Company adopted a 401(k) plan, to which the employees may contribute and the Company may, at the sole discretion of its Board of Directors, match a portion of the employees contributions. Company contributions vest at the rate of 20% per year after the second year and are fully vested after six years of employment. The Company made no contribution for the six months ended March 31, 2020. Statement of Cash Flows: For purposes of reporting the statement of cash flows, the Company includes on the accompanying balance sheet all cash accounts not subject to withdrawal restrictions or penalties, and all liquid debt instruments purchased with a maturity of three months or less, as cash and cash equivalents. No cash equivalents were included in cash at balance sheet date. During the six months ended March 31, 2020, the Company made cash payments of $23,172 for interest and none for income tax. See Accompanying Independent Accountant's Compilation Report -10- PAULUS ENGINEERING, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2020 NOTE 1 Organization and Summary of Significant Accounting Policies (Continued) Subsequent Events: Subsequent events were evaluated through June 2, 2020 which is the date the financial statements were available to be issued. As of June 2, 2020 management represents that there were no subsequent events not previously discussed in the accompanying financial statements. Recent Accounting Pronouncement: In May 2014, the Financial Accounting Standard Board ("FASB") issued Accounting Standards Update ("ASU") 2014-09, Revenue from Contracts with Customers (Topic 606). This pronouncement was issued to remove inconsistencies and weaknesses in revenue requirements; to improve comparability of revenue recognition practices across entities, industries, jurisdictions, and capital markets; to provide more useful information to users of financial statements through improved disclosure requirements; and to simplify the preparation of financial statements by reducing the number of requirements to which an entity must consider. The ASU will affect any entity that enters into contracts with customers to transfer goods or services or enters into contract for transfer of nonfinancial assets unless those contracts are within the scope of other standards. Under the new guidance, an entity should recognize revenue to depict the transfer of promised goods or services to customers in an amount that reflects the consideration to which the entity expects to be entitled in exchange for those goods or services. There are five steps that the entity can apply to achieve the core principle of this new guidance. ASU 2014-09 will be effective for annual report periods beginning after December 15, 2018 with early adoption permitted. Management is currently evaluating the impact of the pending adoption of ASU 2014-09 on the financial statements. In February 2016, the FASB has issued ASU 2016-02, "Leases (Topic 842)". The standard requires that a lessee recognize the assets and liabilities that arise from operating leases. A lessee should recognize in the balance sheet a liability to make lease payments (the lease liability) and a right -of -use asset representing its right to use the underlying asset for the lease term. For leases with a term of 12 months or less, a lessee is permitted to make an accounting policy election by class of underlying asset not to recognize lease assets and lease liabilities. In transition, lessees and lessors are required to recognize and measure leases at the beginning of the earliest period presented using a modified retrospective approach. ASU 2016-02 is effective for financial statements issued for annual periods beginning after January 1, 2021. Management is currently evaluating the impact that the new standard will have on the financial statements. See Accompanying Independent Accountant's Compilation Report -11- PAULUS ENGINEERING, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2020 NOTE 2 Cash Cash consists of the following: American Business Bank Amount 523 W. 6' Street, Suite 900 Regular: Los Angeles, CA 90014 (213) 430-4000 $ 4,647,616 Checking A/C # A/C #0007622801 $ 295,083 Petty Cash A/C # A/C 40007617100 1,500 Payroll A/C # A/C #0007935901 (Zero Balance Account) (21,031) Vacation A/C # A/C #0007898000 20,691 Cash on Hand 1,500 $ 297.743 The Company places its temporary cash investments with a quality financial institution. At times, such investments may be in excess of Federal Deposit Insurance Corporation (FDIC) insurance limit. NOTE 3 Accounts Receivable - Trade Accounts receivable - trade are as follows: 6.877.043 100.0% See Accompanying Independent Accountant's Compilation Report -12- Amount Percentage Regular: Current $ 4,647,616 67.5% 31 to 59 Days 287,696 4.2% 60 to 89 Days 102,113 1.5% 5,037,425 73.2% Retentions 1,839,618 26.8% 6.877.043 100.0% See Accompanying Independent Accountant's Compilation Report -12- PAULUS ENGINEERING, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2020 NOTE 4 Unbilled Work in Progress Project Receivables Billed in Advance and Contract Costs Contract costs are summarized as follows: Expenditures on uncompleted contracts $ 32,145,616 Estimated earnings thereon 2,459,611 34,605,227 Less: Billings (34,064,974) $ 540.253 The above is reflected in the accompanying balance sheet as follows: Unbilled Work in Progress $ 1,543,116 Project Receivables Billed in Advance (1,002,863) $ 540.253 NOTE 5 Contracts Payable Contracts payable consist of the following: Total Final Description NBV Monthly Interest Payment of @ Principal Current Pa meat Rate Due Collateral 03/31/20 Balance Portion $ 7,403 4.00% 04/08/20 Caterpillar $ (B) $ 3,412 $ 3,412 426 (A) 11/14/20 2014 Toyota Tundra 985 3,408 3,408 472 (A) 11/14/20 2014 Toyota Tundra 965 3,776 3,776 4,958 3.63% 11/10/21 Loader (2) (B) 96,276 59,492 8,543 2.99% 04/26/22 Caterpillar (B) 206,899 102,518 1,691 2.99% 04/24/23 Caterpillar (B) 62,575 20,295 2,306 6.25% 06/01/23 Cozad Trailer (B) 81,211 27,675 2,814 5.99% 03/20/24 Peterbilt (B) 121,320 33,766 28 613 &—L-950 578,877 254,342 (A) Non-interest bearing (B) Fully depreciated. See Accompanying Independent Accountant's Compilation Report -13- PAULUS ENGINEERING, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2020 NOTE 5 Contracts Payable (Continued) The maturities of the contracts payable for the six months ending after March 31, 2021 are as follows: Six Months Ending March 31 2022 2023 2024 NOTE 6 Accounts Payable - Trade Accounts payable - trade are as follows: Regular: Current 30 to 59 Days 60 Days and Over Retentions NOTE 7 Common Stock Amount $ 221,038 81,787 21,710 $ 324.535 Amount Percentage $ 3,624,521 83.1% 432,670 9.9% 26.792 0.6% 4,083,983 93.6% 279,922 6.4% 4.363.905 100.0% Common stock consists of 100,000 shares authorized with no par value; 20,000 shares issued and outstanding with a stated value of $1 per share are owned as follows: Mr. Ronald F. Paulus Mr. Jason R. Paulus Mrs. Michelle D. June Number of 11,000 6,500 2,500 20.000 See Accompanying Independent Accountant's Compilation Report -14- Percentage 55.0% 32.5% PAULUS ENGINEERING, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2020 NOTE 8 Related Party Transactions A. The Company rents construction equipment from R.F. Paulus, Inc., related to the Company by common ownership and management. Total equipment rental expense for the six months ended March 31, 2020 amounted to $180,000. B. The Company leases its facilities under an operating lease agreement with Mr. and Mrs. Ronald F. Paulus (Note 7) on a month-to-month basis at a current monthly rental of $5,000. The Company is also responsible for payment of taxes, insurance and maintenance. Rental expense for the six months ended March 31, 2020 amounted to $30,000. C. The Company has entered into an operating lease agreement for its facilities with Paulus Real Estate Investments, LLC, related to the Company by common ownership and management, on a month-to-month basis at a current monthly rental of $10,000. Rental expense for the six months ended March 31, 2020 amounted to $60,000. D. During the six months ended March 31, 2020 Jason Paulus loaned the Company $108,896 for working capital. The note accrues interest at 5% and is due September 30, 2020. There are no minimum annual payments under the lease agreements. NOTE 9 Retirement Plan Effective May 15, 1996, the Company adopted a contributory, qualified money purchase pension plan covering core employees performing services under a public contract subject to the Davis - Bacon Act. Coverage of the employees and vesting of the contributions are 100% immediately and may be withdrawn at separation from service or attaining age 65, whichever occurs first. The Company's contribution is mandatory for each participant in amounts set forth in written wage determinations which regulate prevailing wage projects on which they work. Contributions may vary from project to project. Employees who participate are not required or permitted to make contributions to the plan. According to the limits set by the Internal Revenue Service, maximum annual contributions may not exceed 25% of the participants' respective "covered payroll" (currently $19,000). The Company's contribution for the six months ended March 31, 2020 amounted to $368,221. See Accompanying Independent Accountant's Compilation Report -15- PAULUS ENGINEERING, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2020 NOTE 10 Operating Lease The Company has leased equipment under an operating lease agreement for a term of three years from December 25, 2016 at a currently monthly rental of $1,610. In addition to the monthly rental, the Company is also responsible for payment of license, insurance, maintenance and excess utilization. Future minimum annual rental under the terms of the lease are as follows: Six Months Ending March 31 Amount 2021 $ 19,320 2022 19,320 38 640 NOTE 11 Economic Dependency The Company is located in Orange County, CA and is directly dependent upon the economy of the area for public work contracts in Southern California. NOTE 12 Significant Customers Revenue from sales to two customers amounted to $5,795,515 (40.11 %) of the revenue for the six months ended March 31, 2020. NOTE 13 Major Subcontractor The Company utilized services of a subcontractor in the amount of $1,066,498 (51.7%), for structure and pipeline services during the six months ended March 31, 2020. There are other subcontractors available at competitive prices, should the Company's current subcontractor becomes unavailable. See Accompanying Independent Accountant's Compilation Report -16- PAULUS ENGINEERING, INC. NOTES TO FINANCIAL STATEMENTS March 31, 2020 NOTE 14 Line of Credit The Company has established a $1,000,000 working capital line of credit with American Business Bank, 400 S. Hope Street, Suite #300, Los Angeles, CA 90071; telephone number (213) 430- 4000; monthly payments of interest only at the bank's reference rate. The line of credit, which matures on February 1, 2021, is secured by a blanket UCC -1 filing on all assets of the Corporation and by the guaranties of Mr. Ronald F. Paulus and the Paulus Family Trust (Note 7), Mr. Jason R. Paulus and the Paulus Family Trust (Note 7) and R.F. Paulus, Inc. (Note 8). As of March 31, 2020, a total of $704,323 was borrowed from the line of credit. See Accompanying Independent Accountant's Compilation Report -17- APAC CPAs 4206 E. La Palma Avenue Anaheim, CA 92807-1816 "��aw Phone: 714.993.1040 Fax: 714.993.4700 INDEPENDENT ACCOUNTANT'S COMPILATION REPORT ON SUPPLEMENTARY FINANCIAL INFORMATION Board of Directors Paulus Engineering, Inc. (A Subchapter S Corporation) Our report on our compilation of the basic financial statements of Paulus Engineering, Inc. (A Subchapter S Corporation) for March 31, 2020 appears on page 1. The supplementary information contained in the Schedules I to IV is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information is the responsibility of management. The supplementary infonnation was subject to our compilation engagement. We have not audited or reviewed the supplementary information and do not express an opinion, a conclusion, nor provide any assurance on such information. Anaheim, CA June 2, 2020 -18- MEMBER, CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS PAULUS ENGINEERING, INC. SCHEDULE I - SCHEDULE OF COST OF EARNED CONTRACT REVENUE Six Months Ended March 31, 2020 See Accompanying Independent Accountant's Compilation Report on Supplementary Financial Information -19- Percent Amount of Revenue Auto Expense $ 483,237 3.2% Bid Expenses 4,252 Depreciation 22,584 .2% Equipment - Rental and Related Costs 1,144,057 7.6% Insurance - Liability 124,746 .8% Insurance - Workers Compensation 107,942 .7% Labor 3,429,706 22.7% Materials 7,014,787 46.5% Payroll Taxes 237,883 1.6% Radio and Communications Expense 12,802 .1% Small Tools and Operating Supplies 82,564 .6% Subcontractors 1,573,979 10.4% $ 14,238,539 94.4% See Accompanying Independent Accountant's Compilation Report on Supplementary Financial Information -19- PAULUS ENGINEERING, INC. SCHEDULE II - SCHEDULE OF GENERAL AND ADMINISTRATIVE EXPENSES Six Months Ended March 31, 2020 $ 748,641 5.0% See Accompanying Independent Accountant's Compilation Report on Supplementary Financial Information -20- Percent Amount of Revenue Advertising and Promotion $ 4,154 Bank Charges and Fees 6,593 Computer Processing and Support 6,600 Consulting 10,500 .1% Contributions 11,493 .1% Dues and Subscriptions 4,471 Employee Welfare 5,874 Entertainment 15,762 .1% Insurance - Officers Life 9,226 .1% Insurance - Workers Compensation 1,013 Legal and Professional Fees 45,683 .3% Office Supplies and Expense 14,794 .1% Payroll Taxes 24,532 .2% Property Taxes 2,099 Postage 766 Rent 108,000 .7% Reseach and Development 41,611 .3% Salaries - Office 129,192 .9% Salaries - Officers 280,046 1.9% Security 2,197 Telephone 5,728 Training and Seminars 8,373 .1% Utilities 9,934 .1% $ 748,641 5.0% See Accompanying Independent Accountant's Compilation Report on Supplementary Financial Information -20- I/ 10 O C, O Vt O O O C1 O N O o 10 n W h y n O M O O o vl 0o N 00 00 N C' N ID �D N 00 rn 00 '7 ID h O O 00 Vi CT �--� Vi vt 10 mm U � M V' 69 CT L1 N W O O O V M ct O M O O o7 M M O--� O N b �D O n M T n1D O M 00 M M •p G N 00 �h h Cn 10 'tom vi O N N N O vt N N o7 0 V 0 o M N o M [u 69 O O V N tt M r O o O O o? o O O o O O N p, X E Vt 00 M CJS �n M V' F � - � _c x U O o m 3 � 0 0 o h a rn o o a n n o 0 0 00 0 E lJ o. c N N h U oo t T n O O N O, CN `D M N M M N 7 N 4 N N M 'a s � o = w s - o� D � M Vl �D M DO V ao N N N N N Cn rel CA I� Vl ^ N N N ^• V 00 O� h M M n N V W �D V •7 �D V' 7 Ut Ch O 10 V' �n M 1D 10 h N N 'D N o s C a N 7 M N N M QC Goq 00 �D n N '7 'd' O U M ON M �n 07 M V M -+ r - N O Vt n 00 00 7 O E Cn o0 h C o 00't 'tnO N ;+ 0, G O �n �n N N m V N m V' ^+ h N n M VS N O M N N .Ni 0 ? 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Ci G\ �p O, �O 7 �O b O V N M 00 O\ VN' (� N N m Q. O\ 10 am N m .: N N N n O T d- m .� O _ ui F o m oO 69 Vt Qw n %O [1 N N n h N 7 � 69 L^ O 00 n m N CO V' V r- n ul b m n O �O O O O�W NO --� O' n �O N m oo ui V 69 � 69 C G QC C « n O O Q C C 'O.� o Q ; O N Q a E c v v ❑ > 3 co u` o c o a o c o 0 0 ° > p w w uu 0 w 3r x 3 o' c5 w 00 .w z S n o0 ON O PAULUS ENGINEERING, INC. SCHEDULE IV - SCHEDULE OF RATIOS March 31, 2020 CURRENT RATIO 1.29 to 1 ACID TEST RATIO 1.06 to 1 CURRENT ASSETS TO TOTAL ASSETS .98 to 1 TOTAL LIABILITIES TO NET WORTH 4.00 to 1 SALES TO NET WORTH 8.47 to 1 See Accompanying Independent Accountant's Compilation Report on Supplementary Financial Information -23- WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT CONTRACT NO. 7539-3 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of November, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PAULUS ENGINEERING, INC., a California corporation ("Contractor"), whose address is 2871 E Coronado, Anaheim, CA 92806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of: Removal of existing 12 - inch, 16 -inch, 18 -inch, 20 -inch, 24 -inch and 30 -inch transmission water mains; Concrete slurry fill (one sack) and abandon in place existing 6 -inch, 8 -inch, 10 - inch, 18 -inch, and 30 -inch transmission mains; Removal of existing 16 -inch, 18 - inch, 20 -inch, 24 -inch, and 30 -inch transmission water valves; Removal and replacement of 12 -inch and 16 -inch isolation valves at Big Canyon Reservoir Zone 3 Booster Pump Station; Demolition of existing valve vaults; Construction of 16 - inch, 18 -inch, 24 -inch and 30 -inch transmission main including all appurtenances, fittings, services and connections to the existing water system; Construction of 16 - inch, 18 -inch, 24 -inch, and 30 -inch butterfly transmission valves; Big Canyon Reservoir drain line vault improvements, Removal of Alta Vista Pressure Regulating Station; Installation of new Pressure Regulating Station on Basswood Street Dewatering at two locations: Valve M06_018 and M08_069 Modifications to valves and piping in the Big Canyon Reservoir Control Building Basement to include: Replace one 30 -inch and one 48 -inch hydraulic actuated butterfly valves with electric actuated butterfly valves, replace 30 -inch butterfly valve in kind, replace portions of 48 -inch and 30 -inch pipeline. Item includes demolition of hydraulic supply pumps and associated electrical and piping appurtenances. Provide all necessary electrical improvements and programming of existing PLC. CCTV Existing Pipelines as shown on Project Plans (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: CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7539-3, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Million Seven Hundred Ninety Seven Thousand Seven Hundred Seventy One Dollars ($2,797,771.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. Paulus Engineering, Inc. Page 2 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jason Paulus to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. Paulus Engineering, Inc. Page 3 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Ronald Paulus Paulus Engineering, Inc. 2871 E Coronado Anaheim, CA 92806 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class Paulus Engineering, Inc. Page 4 VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is Paulus Engineering, Inc. Page 5 available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or Paulus Engineering, Inc. Page 6 indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 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. Paulus Engineering, Inc. Page 7 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 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. Paulus Engineering, Inc. Page 8 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controllinq 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. Paulus Engineering, Inc. Page 9 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Paulus Engineering, Inc. Page 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: I Aaron C. Harp City Attorney ATTEST: Date: �•� �� By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: a By: Brad A -eery Mayo CONTRACTOR: PAULUS ENGINEERING, INC., a California corporion Date/1 I R a u I # Chi!)fExecutlte Officer Date: By: Michelle June Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Paulus Engineering, Inc. Page 11 EXECUTED IN TWO COUNTERPARTS EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 2309408 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of: Removal of existing 12 -inch, 16 - inch, 18 -inch, 20 -inch, 24 -inch and 30 -inch transmission water mains; Concrete slurry fill (one sack) and abandon in place existing 6 -inch, 8 -inch, 10 -inch, 18 -inch, and 30 -inch transmission mains; Removal of existing 16 -inch, 18 -inch, 20 -inch, 24 -inch, and 30 -inch transmission water valves; Removal and replacement of 12 -inch and 16 -inch isolation valves at Big Canyon Reservoir Zone 3 Booster Pump Station; Demolition of existing valve vaults; Construction of 16 -inch, 18 -inch, 24 -inch and 30 -inch transmission main including all appurtenances, fittings, services and connections to the existing water system; Construction of 16 -inch, 18 -inch, 24 -inch, and 30 -inch butterfly transmission valves; Big Canyon Reservoir drain line vault improvements; Removal of Alta Vista Pressure Regulating Station; Installation of new Pressure Regulating Station on Basswood Street Dewatering at two locations: Valve M06_018 and M08_069 Modifications to valves and piping in the Big Canyon Reservoir Control Building Basement to include: Replace one 30 -inch and one 48 -inch hydraulic actuated butterfly valves with electric actuated butterfly valves, replace 30 -inch butterfly valve in kind, replace portions of 48 -inch and 30 -inch pipeline. Item includes demolition of hydraulic supply pumps and associated electrical and piping appurtenances. Provide all necessary electrical improvements and programming of existing PLC. CCN Existing Pipelines as shown on Project Plans, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Seven Hundred Ninety Seven Thousand Seven Hundred Seventy One Dollars ($2,797,771.00) 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. Paulus Engineering, Inc. Page A-1 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the IST day of DECEMBER , 2020 . PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 475 N. MARTINGALE RD., #850 SCHAUMBURG, IL 60173 Address of Surety 213-337-3074 Telephone Authorized Sranature/Title Authorized Agent Signa CHARLES L. FLAKE ATTORNEY-IN-FACT Print Name and Title Paulus Engineering, Inc. Page A-2 APPROVED AS TO FORM: CITY ATT R��11EY'S OFFICE Date: ((_cf / Z.aZ ) AArdn C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTA CHED Paulus Engineering, Inc. Page A-3 ACKNOWLEDGMENT A notary ublic or other officer completing this certificate rifies only the identity of the individual who signeda document to which this certificate is 1 p attached, and of the truthfulness, accuracy, or C validity of that cument. State of California County of Iss. On 20 before me, Notary Public, person ly appeared who proved to me on th basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within itrument and acknowledged to me that he/she/they executed the same in his/her/their authorized apacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity Von behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PE�JURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signature \ (seal) ACKNOWLEDGMENT A notary public or other officer comp ting this certificate verifies only the identity of the indivi ual who signed the document to which this certi i ate is attached, and not the truthfulness, accuracy, or alidity of that document. State of California County of )Ss. On 20 before m , Notary Public, personally appeared proved to me on the basis of satisfactory evidence 10bthe person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to m that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ eir 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 Staof California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Paulus Engineering, Inc. Page A-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On December 1, 2020 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my an nd official seal. ,�s�;.: °�.''ti CYNTHIA J. VALENCIA — W' �^ = Notary Public • California 4 F � Z Orange County ; Commission k 2305891 Signature of Notary Public (Notary Seal) Z Y +��ro `',cMy Comm. Expires Oct 15, 2023 y ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Individual Title or description of attached document Corporate Officers /Title_ Number of pages Document Date Partner Attorney-In-Fact Trustee Other Additional Information CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 12-01-20 before me, Lexie Sherwood Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake LEXIE SHERWOOD COMM. # 2203287 Lq O to I c \ NOTARY PUBLIC 6, CALIFORNIA n ORANGE COUNTY Comm. Exp. JULY 27, 2021 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature _ Place Notary Seal Above Signature of Nota Public exle efW00 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: SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ,\0 jrirrr'_/y�.. PttwaatPumquq��i �p(ION A 2 By ''• SEAL m Steven P. Anderson, Senior Vice President of Washington International Insurance Company2: G SEAL r� ';Yy I873 Q4ii q & Senior Vice President of North American Specialty Insurance Company O 1 m ". .ry ,. ♦f0` b , t(. t7 : , t7 �• .... Washington a ///ipnnuinN\\o\ By �bN *...•�Cr�N0 Michael A. Ito, Senior � e ' p r erTt%tonfl Insurance ��r0aalNulatW�J & Senior Vice President of No th American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 19 day of October 2017 • North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 19 day of October , 2017 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary Public - State of Illinois My Commission Expucs 12/04/2021 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect, IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this Ist day of December 20 20 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & Nonh American Specialty Insurance Company EXECUTED IN TWO COUNTERPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 2309408 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 26,684 , being at the rate of $ 14.40/$8. 70/$7.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of: Removal of existing 12 -inch, 16 - inch, 18 -inch, 20 -inch, 24 -inch and 30 -inch transmission water mains; Concrete slurry fill (one sack) and abandon in place existing 6 -inch, 8 -inch, 10 -inch, 18 -inch, and 30 -inch transmission mains; Removal of existing 16 -inch, 18 -inch, 20 -inch, 24 -inch, and 30 -inch transmission water valves; Removal and replacement of 12 -inch and 16 -inch isolation valves at Big Canyon Reservoir Zone 3 Booster Pump Station; Demolition of existing valve vaults; Construction of 16 -inch, 18 -inch, 24 -inch and 30 -inch transmission main including all appurtenances, fittings, services and connections to the existing water system; Construction of 16 -inch, 18 -inch, 24 -inch, and 30 -inch butterfly transmission valves; Big Canyon Reservoir drain line vault improvements; Removal of Alta Vista Pressure Regulating Station; Installation of new Pressure Regulating Station on Basswood Street Dewatering at two locations: Valve M06_018 and M08_069 Modifications to valves and piping in the Big Canyon Reservoir Control Building Basement to include: Replace one 30 -inch and one 48 -inch hydraulic actuated butterfly valves with electric actuated butterfly valves, replace 30 -inch butterfly valve in kind, replace portions of 48 -inch and 30 -inch pipeline. Item includes demolition of hydraulic supply pumps and associated electrical and piping appurtenances. Provide all necessary electrical improvements and programming of existing PLC. CCTV Existing Pipelines as shown on Project Plans, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Million Seven Hundred Ninety Seven Thousand Seven Hundred Seventy One Dollars ($2,797,771.00) 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. Paulus Engineering, Inc. Page B-1 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the IST day of DECEMBER ,20 20 . 4 I PAULUS ENGINEERING. INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 475 N. MARTINGALE RD., 4850 SCHAUMBURG, IL 60173 Address of Surety 213-337-3074 Telephone Autho#ed Signature/Title Authorized f(;g.e(nt glgnature CHARLES L. FLAKE ATTORNEY-IN-FACT Print Name and Title Paulus Engineering, Inc. Page B-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: t By:� A ron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page B-3 ACKNOWLEDGMENT (� Ano ry public or other officer completing this \1 certifi to verifies only the identity of the individual ((�� who sig d the document to which this certificate is attached, nd not the truthfulness, accuracy, or validity of th t document. �J State of Californi V County of ss. On 20 before me, Notary Public, persona appeared who proved to me on the asis of satisfactory evidence to be the person's) whose name's) is/are subscribed to the within ins ment and acknowledged to me that he/she/they executed the same in his/her/their authorized ca city(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upo behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJIY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of )SS. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person's) hose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/the 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 a instrument. I certify under PENALTY OF PERJURY under the laws of the State of California thathe foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Paulus Engineering, Inc. Page B-4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On December 1, 2020 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h and official seal. CYNTHIA J. VALENCIA Notary Public . California z Z ' m Orange County Signature of Notary ublic (Notary Seal) Commission k 2305891 My Comm. Expires Oct 15, 2023 y ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Individual Title or description of attached document Corporate Officers /Title_ Partner Number of pages Document Date Attorney -In -Fact Trustee Other Additional Information CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 12-01-20 before me, Date personally appeared Charles L. Flake Lexie Sherwood 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), LEXIE SHERWOO and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) COMM. # 2203287 9 acted, executed the instrument. ( NOTARY PU6LIC -CALIFORNIA y' ORANGE COUNTY 1 certify under PENALTY OF PERJURY under the laws of + Comm, Exp. JULY 27, 2021 the State of California that the foregoing paragraph is true and correct. Witness my hand and offi ial seal. Signature Q Lju� Place Notary Seal Above Signature of Notary lic exieerwvi 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 ❑ Individual ❑ Corporate Officer Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: DAVID L. CULBERTSON. CHARLES L. FLAKE. SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \`���Q���ALITY jtis ���' 6 GOPF•. Qy % B ._ OPPO•..ssp /V'GA K SEAL i n Steven P. Anderson, Senior Vice President of Washington International Insurance Company �'• O SCA LTP :Z C!5 t .7� 1873 [Ve n ^ & Senior Vice President of North American Specially Insurance Company O: 1 m :,,���y�doN o �yyy�Hunlmll�Pp �,oys��eta � Michael A. By Ito,Benior ice evsi ent of Washington international Insurance ompany Ruttttt & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 19 day of October , 2017 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 19 day of October , 2017 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary Public - Staterd Illinois - MyCommissionExpires M. Kenny, Notary Public 12104!2027 I, Jeffrey Goldbergthe duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this Ist day of December 20 20 ,t Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two Paulus Engineering, Inc. Page C-1 million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Paulus Engineering, Inc. Page C-2 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. Paulus Engineering, Inc. Page C-3 D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. 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. Paulus Engineering, Inc. Page C-4 J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Paulus Engineering, Inc. Page C-5 Reyes, Raymund From: Customer Service <customerservice@ebix.com> Sent: Thursday, December 17, 2020 5:50 PM To: Reyes, Raymund; Insurance Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number FV00000368 Follow Up Flag: Follow up Flag Status: Flagged [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000368 PAULUS ENGINEERING, INC. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. City of Newport Beach WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT Contract No. 7539-3 (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7539-3 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: VI--- _ f� 2Lo ao tjk�(/n r �n t c n n t Date Bidder,, �7w-G 3z— yy� _ Bidder's Telephone and Fax Numbers B _ Zr//K ,11 Bidder's License No(s). and Classifications) jD © a 000.E/o DIR Registration Number Bidder's email address: "I pAAll s PR -1 ��(j:/, / Authorized Signature and Title Bidder's Address S e t% 'I e t- i -i %. City of Newport Beach Page 1 Water Transmission Main (Phase II) Valve Replacement (7539-3), bidding on October 22, 2020 10:00 AM (Pacific) Prnted 1012212020 Bid Results Bidder Details Vendor Name Paulus Engineering, Inc. Address 2871 E Coronado St Anaheim, CA 92806 United States Respondee Rory Campbell Respondee Title Chief Estimator Phone 714-632-3975 Ext. Email campbell@paulusengineehng.com Vendor Type License # 724114 CADIR Bid Detail Bid Format Electronic Submitted October 22, 2020 9:38:50 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 232002 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Docs 220175 Paperwork.pdf General Attachment Bond 220175 Bid Bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Main Bid Items (Low Bid to be determined by this section) 1 Mobilization and Demobilization (Phase 1) 1 LS 1 $145;000.00 $145;000.00 2 Mobilization and Demobilization (Phase 2) 1A LS 1 $24;554.00 $24,554.00 3 Surveying Services 2 LS 1 $17,000.00 $17,000.00 4 Excavation and Trench Safety 3 LS 1 $38,500.00 $38,500.00 5 Traffic Control 4 LS 1 $80;000.00 $80,000.00 City of Newport Beach Page 2 Water Transmission Main (Phase II) Valve Replacement (7539-3), bidding on October 22, 2020 10:00 AM (Pacific) Printed 10/22/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Signing and Striping 5 LS 1 $8,437.00 $8,437.00 7 Traffic Signal Modifications 6 LS 1 $28,500.00 $28,500.00 8 Provide As -Built Plans 7 Fixed 1 $5,000.00 $5,000.00 9 Well Point Dewatering and Discharge 8 LS 1 $29,080.00 $29,080.00 10 12 -Inch CML&C Steel Pipe 9 LF 70 $650.00 $45,500.00 11 16 -Inch CML&C Steel Pipe 10 LF 10 $870.00 $8.700.00 12 18 -Inch CML&C Steel Pipe 11 LF 189 $555.00 $104,895.00 13 24 -Inch CML&C Steel Pipe 12 LF 4 $7;500.00 $30,000.00 14 30 -Inch CML&C Steel Pipe 13 LF 281 $950.00 $266,950.00 15 16 -Inch CL 52 Ductile Iron Pipe 14 LF 41 $914.00 $37,474.00 16 18 -Inch CL 52 Ductile Iron Pipe 15 LF 13 $665.00 $8.645.00 17 24 -Inch CL 52 Ductile Iron Pipe 16 LF 12 $610.00 $7.320.00 18 Furnish and Install 12 -Inch Ductile Iron Butterfly Valve 17 EA 4 $8;200.00 $32,800.00 19 Furnish and Install 16 -Inch Ductile Iron Butterfly Valve 18 EA 3 $12,600.00 $37;800.00 20 Furnish and Install 18 -Inch Ductile Iron Butterfly Valve 19 EA 5 $14,900.00 $74,500.00 21 Furnish and Install 24 -Inch Ductile Iron Butterfly Valve 20 EA 1 $25,600.00 $25;600.00 City of Newport Beach Page 3 Water Transmission Main (Phase II) Valve Replacement (7539-3), bidding on October 22, 2020 10:00 AM (Pacific) Panted 1012212020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 Furnish and Install 30 -Inch Ductile Iron Butterfly Valve 21 EA 5 $31,000.00 $155,000.00 23 Big Canyon Reservoir Drain Line Vault Improvements 22 LS 1 $150,000.00 $150;000.00 24 Remove Alta Vista Pressure Regulating Station and Install 6 -Inch Fire Hydrant Assembly Per Sheet 7 23 LS 1 $44,500.00 $44,500.00 25 Install New Pressure Regulating Station per Detail 1 on Sheet 8 24 LS 1 $160;000.00 $160,000.00 26 Big Canyon Reservoir Control Building Basement Mechanical Improvements 25 LS 1 $247,000.00 $247,000.00 27 Furnish and Install Temporary Water Main Bypass System 26 EA 1 $100.00 $100.00 28 Furnish and Install Temporary Dewatering System 27 EA 2 $14,540.00 $29,080.00 29 CCTV Inspection and Pipeline Condition Assessment (Bayside Village Marina) 28 EA 1 $17,500.00 $17;500.00 30 Pressure Test, Disinfect and Flush New Water Mains 29 LS 1 $27,000.00 $27;000.00 31 Connection to Existing Water Main 30 EA 37 $7;900.00 $292;300.00 32 Remove Existing Vaults; Piping, and Appurtenances 31 EA 27 $10,000.00 $270,000.00 33 Abandon in Place Existing Pipelines 32 LF 1525 $26.00 $39.650.00 34 Remove 6" CIP and Install 8 -inch AWWA C-900 PVC Pipe with 8 -inch Gate Valve per Sheet 14 33 LS 1 $75,000.00 $75,000.00 35 2 -inch Air and Vacuum Release Valve Assembly 34 EA 3 $13,375.00 $40,125.00 36 16th Street Pump Station Valve Vault Improvements 35 LS 1 $125,872.00 $125,872.00 37 Connection to Existing 10 -inch and 12 -inch DIP at Jamboree Roadand Back Bay Drive 36 LS 1 $35,169.00 $35,169.00 City of Newport Beach Description Page 4 Water Transmission Main (Phase II) Valve Replacement (7539-3), bidding on October 22, 2020 10:00 AM (Pacific) Prated 1 012 2120 20 Bid Results Grind & Cap 215952 Type Item Code UOM Qty Unit Price Line Total Comment 38 Connect to Existing 2 -inch Combination Air Release Valve 37 EA 2 $11,680.00 $23,360.00 Subtotal $2,787,911.00 Optional Bid Item 39 CCTV Inspection and Pipeline Condition Assessment (All Locations as shown on Plans except Bayside Village Marina) ALT BID No. 28A EA 17 $580.00 $9,860.00 756309 Subtotal $9,860.00 Inc. Total $2,797,771.00 Subcontractors Name & Address Description License Num CADIR Amount Type Hardy & Harper, Inc. Grind & Cap 215952 1060000076 $90,000.00 32 Rancho Circle Lake Forest, CA 92603 United States Crosstown Electrical & Data, Signal Modifications 756309 1000000155 $25,98300 DGS,CADIR Inc. 5454 Diaz St. Irwindale, CA 91706 United States Superior Pavement Markings Striping 776306 1000001476 $7,233.06 5312 Cypress Street Cypress, CA 90630 United States Hydrotech Electric Electrical 977838 1060001266 $65,370.00 37707 Grreen Knolls Road Winchester, CA 92596 United States Page 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PQ �n ADDENDUM NO. 1 TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT CONTRACT NO 7539-3 DATE: October 2, 2020 BY: City Engineer TO: ALL PLANHOLDERS The following changes. additions, deletions. or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. NOTICE INVITING BIDS Change bid opening to 10:00 A.M. on October 22. 2020 SPECIAL PROVISIONS 2-6 WORK TO BE DONE Add the following to this section: ® Modifications to valves and piping in buried concrete vault at the 16th Street Pump Station to include: Replace two 36 -inch butterfly valves in kind and replace portions of 36 -inch pipeline. • Construction of new 10 -inch outlet on existing 30 -inch transmission main and pipeline connection to existing 10 -inch and 12 -inch DIP watermains at Jamboree Road and Back Bay Drive as shown on Sheet 15 of Project Plans including all appurtenances, pipeline, valves, fittings, and connections to the existing water system. • Reconnect existing 2 -inch combination air release valves. 9-3.1 General Add the following: Page 2 of 3 Item No. 35 16th Street Pump Station Valve Vault Improvements: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for temporary and permanent support and protection of existing utilities, furnishing and installing mechanical improvements complete as shown on Sheet 29 and 30 of the Project Plans and all other work items as required to complete the work in place. Item No. 36 Connection to Existing 10 -inch and 12 -inch DIP at Jamboree Road and Back Bay Drive: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for temporary and permanent support and protection of existing utilities, furnishing and constructing new 10 -inch outlet on existing 30 -inch transmission main and connection to existing 10 -inch and 12 -inch DIP watermains as shown on Sheet 15 of the Project Plans including all appurtenances, pipeline, valves, fittings, and connections to the existing water system and all other work items as required to complete the work in place. Item No. 37 Connect to Existing 2 -inch Combination Air Release Valve: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for temporary and permanent support and protection of existing utilities, furnishing and constructing new 2 -inch service saddle, 2 -inch copper tubing and valves per City of Newport Beach Dwg. No. STD -515-L and reconnect existing 2 -inch Combination Air Release Valve as shown on Sheet 22 and 26 of the Project Plans including all appurtenances, pipeline, valves, fittings and connections to the existing water system and all other work items as required to complete the work in place. APPENDIX Add attached Appendix A to the Special Provisions — Technical Specifications PROPOSAL Revise the following bid item quantities: 17. Furnish and Install 12 -inch Ductile Iron Butterfly Valve: from 3 EA. to 4 EA. 18. Furnish and Install 16 -inch Ductile Iron Butterfly Valve: from 2 EA. to 3 EA. 34. 2 -inch Air and Vacuum Release Valve Assembly: from 2 EA. to 3 EA. Add the following bid items: 35. 16th Street Pump Station Valve Vault Improvements: 1 Lump Sum 36. Connection to Existing 10 -inch and 12 -inch DIP at Jamboree Road and Back Bay Drive: 1 Lump Sum 37. Furnish and Install New 2 -inch Service Saddle, 2 -inch Copper Tubing, and Valves per City of Newport Beach Dwg. No. STD -515-L and Reconnect Existing 2 -inch Combination Air Release Valve. 2 Ea. Page 3 of 3 PLANS Add plan sheets 32 through 39 (reduced size attached). Full size plan sheets can be downloaded from PlanetBids. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please rin ) Date t ,I AuthPrized Signature & Title Attachment: - Appendix A — Technical Specifications - Plan sheets 32 through 39 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS WATER TRANSMISSION MAIN (PHASE 11) VALVE REPLACEMENT PROJECT PROJECT NO. 18W12 AND 19W13 CONTRACT NO. C-7539-3 PART 1 - GENERAL PROVISIONS 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 4 5 5 5 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 8 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-7 COOPERATION AND COLLATERAL WORK 9 7-8 WORK SITE MAINTENANCE 10 7-8.4 Storage of Equipment and Materials 10 7-8.4.2 Storage in Public Streets 10 7-8.6 Water Pollution Control 10 7-8.6.2 Best Management Practices (BMPs) 10 7-10 SAFETY 11 7-10.3 Haul Routes 12 7-10.4 Safety 12 7-10.4.1 Work Site Safety 13 7-10.5 Security and Protective Devices 13 7-10.5.3 Steel Plate Covers 13 SECTION 9 - MEASUREMENT AND PAYMENT 13 9-2 LUMP SUM WORK 13 9-3 PAYMENT 13 9-3.1 General 13 9-3.2 Partial and Final Payment. 19 PART 2 - CONSTRUCTION MATERIALS 21 SECTION 200 — ROCK MATERIALS 21 200-2 UNTREATED BASE MATERIALS 21 200-2.1 General 21 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 21 201-1 PORTLAND CEMENT CONCRETE 21 201-1.1 Requirements 21 201-1.1.2 Concrete Specified by Class and Alternate Class 21 201-2 REINFORCEMENT FOR CONCRETE 21 201-2.2 Steel Reinforcement 21 201-2.2.1 Reinforcing Steel 21 SECTION 203 — BITUMINOUS MATERIALS 21 203-5 SLURRY SEAL 21 203-5.1 General 21 203-5.4 Emulsion -Aggregate Slurry (EAS) 21 203-5.4.1 General 21 203-5.4.2 Materials 21 203-6 ASPHALT CONCRETE 22 203-6.5 Type III Asphalt Concrete Mixtures 22 203-11 ASPHALT RUBBER HOT MIX (ARHM) 22 203-11.3 Composition and Grading 22 SECTION 209 — PRESSURE PIPE 22 209-1 IRON PIPE AND FITTINGS 22 209-1.1 Ductile Iron Pipe 22 209-1.1.2 Materials 22 209-2 STEEL PIPE AND FITTINGS 23 209-2.2 Fabricated Steel Pipe and Fittings 23 209-2.2.1 Materials 23 209-2.2.2 Submittals 23 209-2.2.4 Joints 24 209-2.2.6 Welding 24 SECTION 212 — WATER AND SEWER SYSTEM VALVES AND APPURTENANCES 24 212-5 VALVES 24 212-5.2 Butterfly Valves 24 212-5.2.1 General 25 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 25 214-4 PAINT FOR STRIPING AND MARKINGS 25 214-4.1 General 25 214-6 PAVEMENT MARKERS 26 214-6.3 Non -Reflective Pavement Markers 26 214-6.3.1 General 26 214-6.4 Retroreflective Pavement Markers 26 214-6.4.1 General 26 SECTION 215 - TRAFFIC SIGNS 26 PART 3 - CONSTRUCTION METHODS 27 SECTION 300 - EARTHWORK 27 300-1 CLEARING AND GRUBBING 27 300-1.3 Removal and Disposal of Materials 27 300-1.3.1 General 27 300-1.3.2 Requirements 27 SECTION 302 - ROADWAY SURFACING 28 302-4 SLURRY SEAL SURFACING 28 302-4.8 Spreading and Application 28 302-4.9 Field Sampling and Testing 28 302-5 ASPHALT CONCRETE PAVEMENT 28 302-5.1 General 28 302-5.8 Manholes (and Other Structures) 28 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 29 302-6.7 Traffic and Use Provisions 29 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 29 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 29 303-5.1 Requirements 29 303-5.1.1 General 29 303-5.4 Joints 29 303-5.5 Finishing 29 303-5.5.2 Curb 29 303-5.5.4 Gutter 29 303-7 COLORED CONCRETE 29 303-7.1 General 29 SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 30 306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES 30 306-2.7 Shutdowns of Existing Pipelines 30 306-2.7.3 Temporary Bypasses 30 306-8 PREFABRICATED PRESSURE PIPE 31 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning 31 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 32 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 32 314-2.1 General 32 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 32 314-4.1 General 32 314-4.2 Control of Alignment and Layout 32 314-4.2.1 General 32 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 33 314-4.4.1 General 33 314-4.4.2 Surface Preparation 33 314-5 PAVEMENT MARKERS 33 314-S.1 General 33 SECTION 315 - TRAFFIC SIGN INSTALLATION 33 PART 6 — TEMPORARY TRAFFIC CONTROL 34 SECTION 600 - ACCESS 34 600-1 GENERAL 34 600-2 VEHICULAR ACCESS 34 600-3 PEDESTRIAN ACCESS 34 SECTION 601— WORK AREA TRAFFIC CONTROL 35 601-1 GENERAL 35 601-2 TRAFFIC CONTROL PLAN (TCP) 35 PART 7 — STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 36 SECTION 701— CONSTRUCTION 36 701-17 TRAFFIC SIGNAL CONSTRUCTION 36 701-17.6 Detectors 36 701-17.6.3 Inductive Loop Detectors 36 PART 8 — LANDSCAPING AND IRRIGATION 36 SECTION 800 - MATERIALS 36 800-1 LANDSCAPING MATERIALS 36 800-1.1 Topsoil 36 800-1.1.1 General 36 SECTION 801 - INSTALLATION 36 801-1 GENERAL 36 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 37 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS WATER TRANSMISSION MAIN (PHASE II) VALVE REPLACEMENT PROJECT PROJECT NO. 18W12 AND 19W13 CONTRACT NO. C-7539-3 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. W -5837-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 SECTIO_ N 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach Page 1 of 37 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class A license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of: • Removal of existing 12 -inch, 16 -inch, 18 -inch, 20 -inch, 24 -inch and 30 -inch transmission water mains; • Concrete slurry fill (one sack) and abandon in place existing 6 -inch, 8 -inch, 10 - inch, 18 -inch, and 30 -inch transmission mains; • Removal of existing 16 -inch, 18 -inch, 20 -inch, 24 -inch, and 30 -inch transmission water valves; • Removal and replacement of 12 -inch and 16 -inch isolation valves at Big Canyon Reservoir Zone 3 Booster Pump Station; • Demolition of existing valve vaults; • Construction of 16 -inch, 18 -inch, 24 -inch and 30 -inch transmission main including all appurtenances, fittings, services and connections to the existing water system; • Construction of 16 -inch, 18 -inch, 24 -inch, and 30 -inch butterfly transmission valves; • Big Canyon Reservoir drain line vault improvements; • Removal of Alta Vista Pressure Regulating Station; • Installation of new Pressure Regulating Station on Basswood Street • Dewatering at two locations: Valve M06_018 and M08_069 • Modifications to valves and piping in the Big Canyon Reservoir Control Building Basement to include: Replace one 30 -inch and one 48 -inch hydraulic actuated butterfly valves with electric actuated butterfly valves, replace 30 -inch butterfly valve in kind, replace portions of 48 -inch and 30 -inch pipeline. Item includes demolition of hydraulic supply pumps and associated electrical and piping appurtenances. Provide all necessary electrical improvements and programming of existing PLC. • CCTV Existing Pipelines as shown on Project Plans. Page 2 of 37 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for areas in vicinity of Valve No. M09_121/122 and M08_069 is Psomas and can be contacted at (714) 481-7923. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to the City 48 -hours in advance of any work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. Page 3 of 37 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 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 Page 4 of 37 which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. Page 5 of 37 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract in two Phases: Phase 1 to include work shown on Sheets 4, 5, 9, 10, 11, 12, 13, 14, 15, 22, 25, 27 and 28 of Project Plans (10/01/2020 through 05/01/2021)(152 working days) and Phase 2 to include work shown on Sheets 6, 7, 8, 16, 17, 18, 19, 20, 21, 23, 24, 26, 29 and 30 (10/01/2021 through 05/01/2022)(152 working days) for a total of 304 working days after the date on the Notice to Proceed. All work shall be completely finished, tested, including final pavement and surface restoration and accepted by the City at the end of each Phase. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the Page 6 of 37 desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. For those locations where night work is allowed in order to minimize disruption to the community, the following requirements shall apply: A. Night work hours shall be considered to be from 10:00 p.m. to 6:00 a.m., Sunday night through Friday morning. No work is allowed Friday or Saturday nights. B. The Engineer must approve all requests for night work. C. The Contractor shall notify the Engineer two weeks prior to the start of any requested night work. Potential night work locations include the intersection of Jamboree Road and pacific Coast Highway. The following days are designated City holidays and are non -working days: 1. January 1 st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents Page 7 of 37 shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. 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 FACILITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. Page 8 of 37 7-5 PERMITS Delete the first sentence and add the following to the end of this section: "An OSHA permit to perform excavation or trench work will be required for this project and shall be the responsibility of the Contractor to obtain prior to the start of the work. All groundwater, pipeline dewatering and flushing shall be discharged to the nearest sewer facility. The Contractor will not be allowed to discharge any groundwater, pipeline dewatering or flushing to any storm drain facility or discharge it to the ocean. The Contractor will be required to apply for a Special Purpose Discharge Permit from the OCSD for discharging of all groundwater, pipeline dewatering and flushing to the nearest sewer facility. A copy of the Application Form, Certification of Accuracy of Information, Sewer Connection Verification Statement, Certification of Responsible Officer and Option to Designate Signatory are attached as Appendix A. The Contractor will need to obtain this permit and comply with all of its requirements in order to discharge to the nearest sewer facilities. The permit fee is $2,365.58 and shall be paid by the Contractor. The Contractor shall allocate a minimum of fifteen (15) working days for this process. The Contractor will be required to analyze a representative sample of the groundwater to be dewatered by the Project, for Total Toxic Organics (TTO's), Volatile Organic Compounds, Selenium, Heavy Metals, Arsenic, and Total Dissolved Solids (as a minimum). In cases where chlorine addition is used for disinfection, the Contractor shall also monitor for chlorine. The Contractor will be required to install and maintain a desilting tank for settling and removal of solids in the groundwater before discharge to the sewer mains. Contractor will be required to install a flow meter on the discharge line from the desilting tank. The meter shall have a known accuracy of ±5%, and upon commencement of construction dewatering, the Contractor must report volume totals to OCSD on a weekly basis. A sample port with valve assembly shall be installed on the discharge line from the desilting tank, and in an accessible location for subsequent sampling by both the Contractor and OCSD. The Contractor will be prohibited from discharging during a rain/storm event. The Contractor shall conduct monitoring of the groundwater discharge as specified for the purpose of determining the status of compliance and suitability for discharge. For the purpose of monitoring the groundwater discharge associated with the Project, the Contractor shall collect grab samples from the desilting effluent discharge within the first week upon commencement of the discharge, and lastly, approximately one month before project shutdown. The constituents to be analyzed will include heavy metals (chrome, copper, nickel, zinc), plus arsenic and selenium (by EPA method 60106), total suspended solids, and total toxic organics (by EPA method 624). Copies of all sampling results/lab reports must be submitted to OCSD within 15 days of the sampling date. The project site is less than 1 acre, therefore, the preparation of a SWPPP is not required. The statewide general NPDES permit does not apply either to this project. Page 9 of 37 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. Page 10 of 37 The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-8.6.4 Dewatering Groundwater will be encountered during the excavation of the project. The Contractor will be responsible for providing, installing, maintaining and operating a well point dewatering system in the project area if groundwater is encountered. The Contractor shall demonstrate past experience with well point dewatering systems and their in-house capabilities or list a dewatering sub -contractor who will perform these services. The Contractor's dewatering operations shall conform with all requirements of the OCSD's Special Purpose Discharge Permit. See Section 7-5, as amended, for specific requirements. The elevation of free groundwater may vary depending on tides. Based on previous experience with construction in the area, it was determined that groundwater was entering the trench every time the contractor encountered a cross utility. The existing utility trench was acting as a french drain. For bidding purposes, the Contractor shall assume that free groundwater will be encountered at all excavations over three feet of cover. The Contractor shall provide and maintain, at all times during construction, ample means and devices to promptly remove and properly dispose of all water from any source, including groundwater, and water migrating through the bedding of existing sewers or storm drains or other existing utilities, entering the excavations. Costs for dewatering of all water shall be the Contractor's responsibility and shall be included within the Lineal Foot Price for Project Water Main Pipe and no additional compensation will be allowed therefor. The Contractor shall confirm that the receiving sewer system has the capacity to take the estimated flows during dry and wet weather conditions and whether or not the water quality is acceptable and will not cause any permit violations. The following discharges are prohibited: oil, grease, fuel, sludge, trash, chemicals, and any other items which would adversely affect water quality. Water shall not be discharged into OCSD sewer facilities during a wet -weather storm event. For all dewatering operations, each disposal point shall have a calibrated, non- resettable totalizing effluent flow meter with a flow accuracy of plus or minus 5 percent to track the dewatering discharges. The Contractor shall submit weekly reports showing total amount of discharge at each point with meter readings and other data necessary to support the quantity reported. Also, an accessible sample collection point shall be provided immediately upstream of all points of discharge. The Contractor shall provide OCSD's Source Control staff and Page 11 of 37 Engineer unrestricted access to the facility and site to inspect, monitor, or verify compliance with OCSD's Permit requirements. All dewatering operations require the use of a desilting tank with a stainless steel sampling port and a drip container so that the Engineer may collect periodic dewatering samples. Additionally, the desilting tanks shall be covered with sturdy and air -tight covers so no odors can escape, and no illegal dumping is possible. The air -tight covers shall be maintained throughout the dewatering period, and only removed when necessary for silt removal or other maintenance activities. The desilting tank shall be located in a safe and easily accessible location. The system used for desilting the water shall be a baffled structure and shall provide not less than 5 minutes detention time and have a "flow- through" velocity not exceeding 0.2 foot per second at the anticipated peak flow. The desilting box shall be cleaned as required to maintain the detention time and flow-through limitations specified above. The intent is to avoid any addition of soil materials from dewatering operations into the receiving sewer system. All dewatering operations with detectable levels of TTO's, or evidence of TTO's in the extraction zone, or significant amounts of volatile organics, may require the use of granular activated carbon (GAC) filters in lead -lag arrangement or other suitable technology to meet OCSD's TTO limit of 0.58 mg/L and mitigate an Lower Explosion Limit (LEL) event. Note that additional particle filtration is typically provided upstream of the GAC filters to prevent fouling and to extend the life of the carbon. The GAC filters shall be equipped with a stainless steel sampling port and a drip container on the final stage discharge outlet so that the Engineer may collect periodic dewatering samples. Additionally, the GAC filters shall be air -tight so no odors can escape, and no illegal dumping is possible. The air -tight covers shall be maintained throughout the dewatering period, and only removed when necessary for carbon change out or other maintenance activities. The GAC filters shall be located in a safe and easily accessible location. Each GAC filter shall provide enough detention time to meet OCSD's TTO limit of 0.58 mg/L. The carbon shall be changed in the lead GAC filter when the TTO as measured in the discharge of the lead GAC filter is at 0.58 mg/L, or as required. The GAC filters and additional particle filtration equipment upstream of the GAC filters shall be cleaned as required to maintain the detention time and flow-through limitations as specified above. The intent is to avoid any addition of soil materials from dewatering operations into the receiving sewer system or fouling of the GAC filter carbon media. The method of pretreatment and point of disposal of water shall be subject to the District's Source Control staff and the Engineer's approval. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety Page 12 of 37 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization (Phase 1): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents for work items in Phase 1. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Page 13 of 37 Item No. 1A Mobilization and Demobilization (Phase 2): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents for work items in Phase 2. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments, filing pre- and post-construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. 3 Excavation Safety: Work under this item shall include adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb, which shall comply to applicable safety orders including, but not limited to, planning, designing, engineering, furnishing, constructing, and removing temporary sheeting, shoring and bracing, and any other work necessary to conform to the requirements of any permits, OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code. Item No. 4 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, preparing traffic control plans, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K-rails, temporary striping, and flag persons. This item includes providing four (4) CMS and updating messages on the CMS as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 5 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, removing or relocating street signs and posts, installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 6 Traffic Signal Modifications: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for modifying the traffic signal at the intersection of Pacific Coast Highway and Jamboree Road, furnishing and installing signal poles, pull boxes, conduits, and wiring and all other work items as required to complete the work in place. Contractor responsible for furnishing and installing temporary signals as direct by the City. Page 14 of 37 Item No. 7 Provide As-Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as-built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $5,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as-build drawings. Item No. 8 Well Point Dewatering and Discharge: Work under this item shall include all material, labor and equipment (well point system) for providing dewatering of groundwater from trenches associated with trenching and installation of new pipelines and appearances for work on plan sheet 25 and 26, including permitting by City and other regulatory agencies, and discharge and disposal of groundwater according to all permit requirements. Also, work under this item shall include preparing an application for the OCSD Special Purpose Discharge Permit including necessary groundwater quality testing, obtaining the permit, tank, meter and other facilities, and providing the required monitoring testing and reporting requirements included in the OCSD permit, and all other appurtenant work to comply with the OCSD permit for all project dewatering. Item No. 9 12-inch CMUC Steel Pipe: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, furnishing and installing 12-inch CML&C water main including thrust blocks, installing metallic warning and locator tape, placing bedding and backfill material, repaving to match exiting pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 10 16-inch CMUC Steel Pipe: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, furnishing and installing 16-inch CML&C water main including thrust blocks, installing metallic warning and locator tape, placing bedding and backfill material, repaving to match exiting pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 11 18-inch CMUC Steel Pipe: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, furnishing and installing 18-inch CML&C water main including thrust blocks, installing metallic warning and locator tape, Page 15 of 37 placing bedding and backfill material, repaving to match exiting pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 12 24 -inch CMUC Steel Pipe: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, furnishing and installing 24 -inch CML&C water main including thrust blocks, installing metallic warning and locator tape, placing bedding and backfill material, repaving to match existing pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 13 30 -inch CMUC Steel Pipe: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, furnishing and installing 30 -inch CML&C water main including thrust blocks, installing metallic warning and locator tape, placing bedding and backfill material, repaving to match existing pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 14 16 -inch CL 52 Ductile Iron Pipe: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, furnishing and installing 16 -inch DIP water main including thrust blocks, installing metallic warning and locator tape, placing bedding and backfill material, repaving to match exiting pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 15 18 -inch CL 52 Ductile Iron Pipe: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, furnishing and installing 18 -inch DIP water main including thrust blocks, installing metallic warning and locator tape, placing bedding and backfill material, repaving to match exiting pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Page 16 of 37 Item No. 16 24 -inch CL 52 Ductile Iron Pipe: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, furnishing and installing 24 -inch DIP water main including thrust blocks, installing metallic warning and locator tape, placing bedding and backfill material, repaving to match exiting pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 17 Furnish and Install 12 -inch Ductile Iron Butterfly Valve: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing a 12 -inch ductile iron butterfly valve including the valve operator, valve box and cover and valve extension, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 18 Furnish and Install 16 -inch Ductile Iron Butterfly Valve: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing a 16 -inch ductile iron butterfly valve including the valve operator, valve box and cover and valve extension, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 19 Furnish and Install 18 -inch Ductile Iron Butterfly Valve: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing a 18 -inch ductile iron butterfly valve including the valve operator, valve box and cover and valve extension, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 20 Furnish and Install 24 -inch Ductile Iron Butterfly Valve: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing a 24 -inch ductile iron butterfly valve including the valve operator, valve box and cover and valve extension, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 21 Furnish and Install 30 -inch Ductile Iron Butterfly Valve: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing a 30 -inch ductile iron butterfly valve including the valve operator, valve box and cover and valve extension, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 22 Big Canyon Reservoir Drain Line Vault Improvements: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for temporary and permanent support and protection of existing utilities and installing vault improvements complete as shown on Sheet 18 of the Project Plans, repaving to match existing pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Page 17 of 37 Item No. 23 Remove Alta Visa Pressure Regulating Station and Install 6 -inch Fire Hydrant Assembly: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, removals and installing a new fire hydrant assembly in accord with City of Newport Beach STD -500-L, including but not limited to fire hydrant, fire hydrant bury, valve, valve box and cast Iron traffic cover, valve extension, removal and replacement of existing sidewalk per CNB STD -1 80-L complete as shown on Sheet 7 of the Project Plans, repaving to match existing pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 24 Install New Pressure Regulating Station: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, furnishing and installing new PRS vault improvements complete as shown on Sheet 8 of the Project Plans, repaving to match existing pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 25 Big Canyon Reservoir Control Building Basement Mechanical Improvements: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, excavating, temporary plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, furnishing and installing mechanical improvements complete as shown on Sheet 19, 20 and 21 and electrical improvements complete as shown on Sheets 32 thru 39 of the Project Plans, repaving to match existing pavement structural section, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 26 Furnish and Install Temporary Water Main Bypass System: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing a temporary water main bypass system (highline) including piping, valves, fittings, removing the temporary water main bypass system, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 27 Furnish and Install Temporary Dewatering System: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing a temporary dewatering system including pumps, power, piping, valves, fittings, removing the temporary dewatering system, restoring all existing Page 18 of 37 improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 28 CCTV Inspection and Pipeline Condition Assessment (Bayside Village Marina): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for closed-circuit television video (CCTV) inspection of 24 - inch and 30 -inch transmission mains at Bayside Village Marina as shown on Sheet 25 to locate and document location of lateral connections (if applicable) and obtain quality videos and inspection reports as required to provide a conditional assessment of pipeline. Line item includes preparation of conditional assessment report documenting the results of the CCTV inspection. Item No. 29 Pressure Test Disinfect and Flush New Water Mains: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs successfully pressure testing, disinfecting and flushing the new water mains per the Project Specifications. Item No. 30 Connection to Existing Water Main: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs to connect the new pipeline to the existing water main including butt straps, flange coupling adapters, cathodic protection, removal, abandoning, or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 31 Remove Existing Vaults, Piping, and Appurtenances: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing vaults, including but not limited to, removal of the existing vault, lid, internal piping, valves, and appurtenances, capping of any piping to remain in service, backfill and surface restoration and all other work items as required to complete the work in place. Item No. 32 Abandon in Place Existing Pipelines: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs to abandon existing 6 -inch, 8 -inch, 10 -inch, 18 -inch, and 30 -inch transmission mains, including but not limited to, temporary and permanent support and protection of existing utilities, excavating, temporary plating, controlling ground and surface water, filling abandoned pipeline with 1 -sack slurry, backfill and surface restoration and all other work items as required to complete the work in place. Item No. 33 Remove 6" CIP and Install 8 -inch AWWA C-900 PVC Pipe with 8 -inch Gate Valve: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing existing pavement and conflicting improvements, temporary and permanent support and protection of existing utilities, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, trenching, shoring, bracing, grading, compacting, furnishing and installing 8 -inch C-900 PVC water main including thrust blocks, installing metallic warning and locator tape, placing bedding and backfill material, repaving to match exiting pavement structural section, restoring all existing Page 19 of 37 improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 34 2 -inch Air and Vacuum Release Valve Assembly: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing a 2 -inch air and vacuum release valve per City of Newport Beach standard drawing 515-L including restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. ALT BID Item No. 28A CCTV Inspection and Pipeline Condition Assessment (All locations as shown on Plans except Bayside Village Marina): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for closed-circuit television video (CCTV) inspection of 16 -inch, 18 -inch, 20 -inch, 24 -inch, and 30 -inch transmission mains as shown on Project Plans, except for work included in Item No. 28, to locate and document location of lateral connections (if applicable) and obtain quality videos and inspection reports as required to provide a conditional assessment of pipeline. Line item includes preparation of conditional assessment report documenting the results of the CCTV inspection. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. Page 20 of 37 PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. SECTION 203 — BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to 203-5.4. 203-5.4 Emulsion -Aggregate Slurry (EAS) 203-5.4.1 General Emulsion -aggregate slurring (EAS) shall be Type I-CQS-1 h conforming to 203-3 203-5.4.2 Materials Page 21 of 37 203-5.4.2.2 Emulsified Asphalt Emulsified asphalt shall be of quick set type. 203-5.4.2.4 Latex Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/z percent of weight of the emulsified asphalt. Latex -added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III -C3 -PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III -B2 -PG 64-10 (20% max RAP). 203-11 ASPHALT RUBBER HOT MIX (ARHM) 203-11.3 Composition and Grading Asphalt rubber hot mix finish course shall be ARHM-GG-C. SECTION 209 — PRESSURE PIPE 209-1 IRON PIPE AND FITTINGS 209-1.1 Ductile Iron Pipe 209-1.1.2 Materials All flanged pipe joints shall be joined utilizing Type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full-faced, cloth reinforced Buna-N rubber. Flex and transition couplings used to join pipes in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe harness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all -thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from stainless steel shall have threaded parts coated liberally with an approved anti -seize compound. Page 22 of 37 All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21-10) and shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 Stainless Steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full-faced Buna-N, nylon impregnated rubber. Ductile iron pipe fittings and valves buried underground shall be protected with a polyethylene encasement (plastic film wrap) in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene. 209-2 STEEL PIPE AND FITTINGS 209-2.2 Fabricated Steel Pipe and Fittings 209-2.2.1 Materials Delete rows in table section titled "Minimum Wall Thickness" and replace with the following: "Steel cylinders shall have a wall thickness of not less than %-inch for all pipe diameters. In diameters up to 12 -inches, the Contractor may substitute standard diameter pipe per ASTM A53, "Welded and Seamless Steel Pipe." It shall have a wall thickness known as Schedule 40." 209-2.2.2 Submittals Delete paragraph beginning with, "Prior to fabricating pipe...". Replace with the following: "Only manufacturers who manufacture a complete lined and coated pipe can be qualified for this work. All pipe manufacturing operations shall be performed at the same location for all pieces of pipe. All steel pipe shall be manufactured by organizations with at least ten years successful experience manufacturing, fabricating, lining and coating of the type of pipe specified. The City shall approve the manufacturer's product before its use. Prior to fabrication of pipe, the Contractor shall submit for approval detailed shop drawings of the steel pipe and outlets to be attached to the pipe, and all fabricated fittings to be incorporated in the pipeline, together with erection profile drawings showing: Materials of construction, including references to industry standards being met (i.e. ASTM, ANSI, AWWA). Page 23 of 37 2. Inside diameter, steel wall thickness, internal design pressure (cement -mortar lining thicknesses) for each class of pipe to be furnished. 3. The location, length, plate thickness and designation by number of each steel pipe section and fabricated fitting to be furnished and installed; 4. The pipe axis station and elevation at all changes in gradient or horizontal alignment; 5. The station and invert elevation to which the spigot end of each pipe, within the limits of a horizontal or vertical curve, will be laid; 6. All elements of curves and bends, both in horizontal and vertical alignment, including elements of the resultant true angular deflections in all cases of combined curvature, and inside, outside, and centerline chords; 7. Locations of longitudinal and circumferential joints in the pipe, fabricated fittings, flanges and outlets; 8. Details, locations, and calculations for bulkheads for hydrostatic testing of the pipeline, pipe restraints; 9. Limits of each type of field welded joint and of concrete encasements; and 10. Alignment data in the direction of stationing." 209-2.2.4 Joints Delete the types of joints and replace with the following: 1. Lap joints for field welding. 2. Plain ends fitted with butt straps for field welding. Hand holes for butt straps shall be a minimum of six (6) inches in diameter. 3. Plain ends fitted with flanges. Flanges shall be AWWA C207, Class D flat face." 209-2.2.6 Welding Add to the first paragraph: "Field hand welding shall be done by certified welders in accordance with the latest edition of AWWA C206 by welders qualified under the standard qualification procedure of the ASME Boiler and Pressure Vessel Code, Section IX, Welding Qualifications." SECTION 212 — WATER AND SEWER SYSTEM VALVES AND APPURTENANCES 212-5 VALVES 212-5.2 Butterfly Valves Page 24 of 37 212-5.2.1 General All butterfly valves shall be of the tight -closing, rubber -seat type, conforming to the design standards of ANSI/AMA C504 latest revision, except where noted herein. Valves shall be bubble -tight at the rated pressure in either direction and shall be suitable for throttling service and/or operation after longs periods of inactivity. Manufacturer shall be ISO 9001 Certified or have similar certification up and above AMA. All butterfly valves shall be from the same manufacturer. Valves shall be manufactured by the Henry Pratt Co. or approved equal. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI B16.1 flange drilling. All valves shall have 316 stainless steel exterior body bolts. Discs shall be of the concentric design. Valve discs shall be constructed of ductile iron ASTM A536, Grade 65-45-12 with a 316 stainless steel edge. Valves shall have a one piece through shaft of 18-8 stainless steel, corresponding to the requirements of AMA C504, latest revision. The shafts shall fasten to the disc by means of a threaded disc pin or through pin providing a positive leak proof connection of the shaft to the disc. Seats shall be simultaneously bonded and vulcanized to the body of the valve. All interior surfaces in contact with water, excluding stainless steel and disc shall be rubber lined or epoxy coated. Valves with the rubber seat located on the valve disc will not be permitted. Seats shall be designed so that no adjustments or maintenance is required. All shaft bearings shall be of the self-lubricating, corrosion -resistant, sleeve type. Bearings shall be designed for horizontal and/or vertical shaft loading. Shaft packing shall be self-adjusting and suitable for pressure or vacuum service. The flow path for valves shall be fully rubber lined. The valve disc shall be Fusion Bonded Epoxy Coated with an AMA NSF -61 coating system or liquid epoxy on wetted interior surfaces 16 mils, holiday free. Exterior coating shall have 16 mils of liquid epoxy. All valves to be painted at the factory by the valve manufacture. All valves shall be hydrostatic and leak tested in accordance with ANSI/AMA C504, latest revision with the following modification: Valves shall be tested and rated at 200 PSI to facilitate field system hydro -test. All valves to be tested with the actuator installed as a complete unit by the valve manufacture. Provide certified test reports with all valve shipments. Manufacturer furnishing valves shall present proof of compliance with ANSI/AMA C504, latest revision. The valve actuators are to be installed and tested at the factory by the valve manufacture. All actuators shall be provided with 316 stainless steel exterior body bolts. SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Page 25 of 37 Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2 '/4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. Page 26 of 37 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. Page 27 of 37 SECTION 302 - ROADWAY SURFACING 302-4 SLURRY SEAL SURFACING 302-4.8 Spreading and Application Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured, the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Prior to applying slurry seal, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all locations with weeds shall be treated by an approved weed -killer before any slurry seal is applied. 302-4.9 Field Sampling and Testing Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry seal mix. The Contractor shall apply the slurry seal test sections as directed by the Engineer. No slurry seal shall be applied until the test slurry seal sections have been approved the Engineer. The costs of these slurry seal tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 302-4.9.1 shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing. 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks'/4-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4 -inch in width shall be filled and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. 302-5.8 Manholes (and Other Structures) All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in 302-5.6.2. Page 28 of 37 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. 303-5.4 Joints 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. 303-7 COLORED CONCRETE 303-7.1 General Delete the first sentence and replace with the following: Colored concrete shall be produced by Method B (Integral Color) as described in Section 303-7.3. Page 29 of 37 SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND APPURTENANCES 306-2.7 Shutdowns of Existing Pipelines 306-2.7.3 Temporary Bypasses The Contractor will be responsible for the installation of a temporary by-pass system as described in these special provisions and the plans. The Contractor can commence installation of new mains once the temporary by-pass system is in place and has passed a disinfection test. The Contractor shall have the by- pass line inspected by City personnel prior to commencing the project. If at any time, the temporary by-pass water system is damaged, it will be the Contractor's responsibility to repair and replace any damaged or destroyed section to the satisfaction of the City. The Contractor shall adhere to the following special provisions when installing temporary by-pass systems: 1. Water service shall be maintained to all customers at all times except as necessary to install the temporary by-pass system. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. It is recommended that two (2) 2 -inch steel by-pass lines shall be installed, one on either side of the alley adjacent to the meter boxes. All temporary piping crossing streets shall be buried and paved flush with the existing surface. 3. The Contractor shall make arrangements with the City's Utilities Division for disinfection, bacteriological testing and certification of the by-pass systems. The Contractor shall be responsible for disinfection and flushing the by-pass systems as well as pulling the bacteriological samples and running the incubations tests for coliform bacteria. 4. The Contractor will then remove meters and connect services to temporary by- pass systems. Upon acceptance by the City of new water mains, after the water services have been reinstalled by the Contractor, the Contractor will disconnect the temporary by-pass system at each service connection and reinstall meters. The temporary water main by-pass system installed at any given time shall not exceed the water services between any single alley section (from local street intersection to local street intersection) unless approved in writing by the City in advance of the work, including specific limits of the proposed by-pass. Page 30 of 37 306-5 DEWATERING The Contractor shall provide and maintain at all times during construction, ample means and devices with which to promptly remove and properly dispose of all water, from any source, entering the excavations or other parts of the work. Dewatering shall be accomplished by methods which will ensure a dry excavation and preservation of the lines and grades of the bottoms of excavations. For pipeline work, the methods may include sump pumps, deep wells, well points, suitable rock or gravel placed below the required bedding for draining and pump purposes, temporary pipeline and other means. Dewatering for structures and pipelines shall commence when groundwater is first encountered and shall be continuous until such times as water can be allowed to rise in accord with the provisions of this section or other requirements. Standby pumping equipment shall be provided on the jobsite. A minimum of one standby unit (one for each ten in the event well points are used) shall be available for immediate installation should any well unit fail. The design and installation of well points or deep wells shall be suitable for the accomplishment of the work. Disposal of water from dewatering operations shall be the sole responsibility of the Contractor and shall comply with OCSD's Special Purpose Discharge Permit. See Section 7-5 (Permits) and Section 7-8.6.4 (Dewatering) for requirements. The Contractor shall dispose of the water from the work in a suitable manner without damage to adjacent property. Conveyance of the water shall be such as to not interfere with traffic flow. Water shall be desilted before disposal to any sewer system. The system used for desilting the water shall be baffled structure and shall provide not less than five minutes detention time and shall be designed to have a "flow-through" velocity not exceeding 0.2 feet per second at the anticipated peak flow. The desilting box shall be cleaned as required to maintain the detention time and flow-through limitations specified above. The Contractor shall ensure that all extracted and discharged water meets the OCSD's Special Purpose Discharge Permit water quality criteria. 306-8 PREFABRICATED PRESSURE PIPE 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning The Contractor will be responsible for pressure testing, disinfection and flushing of the new water mains. The Contractor shall adhere to the following special provisions for pressure testing, disinfection and flushing of new water mains and services. 1. Water service shall be maintained to all customers at all times except as necessary to transfer service from the old main to the new main. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. Page 31 of 37 2. Contractor shall pressure test new main lines including any services prior to disinfection. 3. The Contractor shall make arrangements with the City's Utilities Division for disinfection, bacteriological testing and certification of the new main and services. The Contractor shall be responsible for disinfection and flushing the main and services as well as pulling the bacteriological samples and running the incubation tests for coliform bacteria. 4. Upon successful completion of the pressure testing and disinfection, the Contractor shall thoroughly flush all mains and services prior to connection to customers. Flushing of services shall be done at the new angle stop and fittings shall be utilized such that the meter box is not flooded by the flushing operation. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the finish course or slurry seal has been placed. The width of the temporary lane line stripes shall be one-half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat - tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. Existing thermoplastic striping shall be removed prior to the application of slurry seal. Temporary painted striping shall be placed within 24 hours of removal. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement Page 32 of 37 markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but no later than 15 days. The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 10 days but not later than 15 days. SECTION 315 - TRAFFIC SIGN INSTALLATION Location of traffic signs shown on plans is approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. Refer to CNB DWG 924-L for typical sign installation. Page 33 of 37 PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 -ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. Page 34 of 37 SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, up to four (4) changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, traffic control plans and/or detour plans for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. 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. 2. 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. 3. 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. 4. 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. 5. Page 35 of 37 PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 701 — CONSTRUCTION 701-17 TRAFFIC SIGNAL CONSTRUCTION 701-17.6 Detectors 701-17.6.3 Inductive Loop Detectors All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days after placement of pavement finish course. PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIALS 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION 801-1 GENERAL The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SDS). These items shall be included with the herbicide submittal. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City Arborist a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The City Arborist will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City Arborist for inspection. Upon inspection, the City Arborist may require the Contractor to formally submit a plan for removing the large roots to the City for review. Page 36 of 37 If required, the submittal shall adhere to the following guidelines. 1. Root Pruninq a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre - approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The maintenance and plant establishment period shall be for a period of (90) calendar days. Page 37 of 37 Reyes, Raymund From: Customer Service <customerservice@ebix.com> Sent: Thursday, April 22, 20215:59 PM To: Reyes, Raymund; Insurance Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number FV00000368 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000368 PAULUS ENGINEERING, INC. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.