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C-7999-1 - 2020-2021 Tide Gate Improvement Project
4/11/24, 12:03 PM Batch 17275932 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 9266b Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE *$ R 0 0 1 4 8 8 8 9 4 9$ 202400009046911:59 am 04111124 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE 'IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Tharsos, Inc., La Mesa, California, as Contractor, entered into a Contract on July 12, 2022. Said Contract set forth certain improvements, as follows: 2021-2022 Tide Gate Improvement Project - C-7999-1 Work on said Contract was completed, and was found to be acceptable on April 9. 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract it, Argonaut Insurance Company. BY Public orks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on AA^ r►pt `c�06.�i at Newport Beach, California. r cly- City Clerk hftps://gs.secure-erds.com/Batch/Confirmation/17275932 1121 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Tharsos, Inc., La Mesa, California, as Contractor, entered into a Contract on July 12, 2022. Said Contract set forth certain improvements, as follows: 2021-2022 Tide Gate Improvement Project - C-7999-1 Work on said Contract was completed, and was found to be acceptable on April 9, 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Argonaut Insurance Company. BY Public orrW Direc or City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on APY i I lit aOa4i at Newport Beach, California. BY �� A PCW- City CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 7th day of June, 2022, at which time such bids shall be opened and read for 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 $275,000 Engineer's Estimate Approved by 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?Compan�ZID=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Sharon Garcia, Protect Manager at (949) 644-3327 City of Newport Beach 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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. 3 Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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: 4 A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been revi 980621 Contractor's License No. & Classification Authorized Signature/Title J 1000012874 DIR Registration Number & Expiration Date Date Tharsos Inc Bidder 5 6/7/2022 Bond No.: CMGB00014020 City of Newport Beach 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Their Greatest Amount Bid --------------------------- , to be Dollars( $ 10% of Their G.A.B. ) paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2021-2022 Tide Gate Improvement Project, Contract No. 7999-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 2nd da) Tharsos, Inc. Name of Contractor (Principal) Argonaut Insurance Company Name of Surety c/o CMGIA, 20335 Ventura Blvd., Ste 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone Print Name and Title (Notary acknowledgment of Principal & Surety, must be attached) C01 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: ACKNOWLEDGMENT 7 (seal) Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. 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. �� d', State of California 1' " / County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Bond No.: CMGB00014020 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under a laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named Z(Sert ice, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity ings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following`Lgsolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys name4 jn the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakin d oonntracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused it fficia eal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. Argonaut Insurance Company 6911F.VIItli 11yMI I URA by: COUNTY OF HARRIS SS: On this 19th day of November, 2021 A.D., befo me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. Gary E. Grose President IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. K ATHLEEN M MEEKS �"Aw NOTARY PUBLIC �i/7^t,7 STATE OF TEXAS "q�afj�.`? MY COMM. EXP 07t75/25 NOTARY 10 557902-8 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 2nd day of June 2022. ............... i�d�•• 1998 •• ;;<CINO�`'. Y:� Austin W. King Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA• • •. ca�rrar.�.rr.�...zvraffia.�a�rr�rr.�rrrrr.�r.�.ri..-.• .-..r.a.merita.s..�.r.�.rr�.rr.L.rc�.rr.�rr.�a.�.r�rr_.-cr �r�a.-..r�a.sr.-..• yr.yrr.^r.wrr.�.rr.�r.ta.�.r.zr. 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 Los Angeles On JUN 02 2022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriella Grady Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. 5�-`L°'_'sE LUCAS PA. ii ERSON _ Notary Public • Caiifornia Los Ange•.es County Commission ; 2352264 Signature <<:,o*My Comm. Expires Mar 19, 2025 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Gener ❑ Individual ❑ i ttorne act ❑ Trustee ❑ ian or Conservator ❑ Other: Signer Is resenting: Docu Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4C_✓. V4� ..�4..� ................. .y4'�'4�44'�'4"er4'�'4'er4�4 ✓4'e�'4".r4: rr4'r�rrrr4'ar4'rr4'rr4�4�4�444.✓4'✓ .'.v4'�6d'�4'�U5�4.y4ey4'y4_ CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 One r.. 06 ?.ozZ before me, r cZ � Vt � G -�v; r� lV a -�'a►- ��,w;c. ate _ Here Insert Name and Title of the Offi er personally appeared VV I l of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. GRACE THI PATRICK Notary Public - California = 3 San Diego County r Commission N 2253329 `" ^"�^ My Comm. Expires Aug 10, 2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. n Signature — Signature of Notary Public Vr 1 wI`!AL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 190103 CONTRACT NO. 7999-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders mu include DIR registration numbers for each subcontractor. i Bidder Authorized Sianat P/TitlP E City of Newport Beach 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Na 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 $150,000, provide the following information: No. 1 Sodium Hypochlorite Storage Tank Replacement EPN-10067 Project Name/Number Project Description Replace four (4) foundations and four (4) 30,000 gal Tanks Approximate Construction Dates: From 3/2020 To: 9/2021 Agency Name West Basin Municipal Water District Contact Person Joel Blair Telephone ( 56�-233-0746 Original Contract Amount $ 1039000Final Contract Amount $ 1137623 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders 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. RE 10 No. 2 Project Name/Number Campus Wide Renew Water System 1000671856 / PS4S-858 Project Description Replace deteriorated water valves around campus Approximate Construction Dates: From 3/2019 To: Agency Name University of California San Diego (UCSD) 7/2019 Contact Person Jim Hennelly Telephone ( 85P-322-2126 Original Contract Amount $ 219236 Final Contract Amount $ 226746 If final amount is different from original, please explain (change orders, extra work, etc.) change order Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. no No. 3 Project Name/Number Valve Vault Retrofit at Grossmont Reservoir CIP 19018 Project Description Rehab Valve Vault, replace piping and pumps Approximate Construction Dates: From 1/2019 To: 6/2019 Agency Name Helix Water Distric Contact Person Jeff MacMasters Telephone (61 �-667-6277 Original Contract Amount $ 217,999 Final Contract Amount $ 219,338 If final amount is different from original, please explain (change orders, extra work, etc.) Change Order 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 11 No. 4 Project Name/Number Safety Improvements Program J-126P & Q Project Description Install guardrails, handrails, ladders, fall prevention devices around several pump stations Approximate Construction Dates: From 1/2019 To: 6/2020 Agency Name Orange County Sanitation District Contact Person Charles Dalton Telephone (714j580-8490 Original Contract Amount $ 798000 Final Contract Amount $ 816625 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 IGGP Wooden Stair Renewal 1000671858 / P4S-856 Project Name/Number Project Description Replace Wood Stairs with modern stairs, new concrete landings, platform piers, new wood decking treads, guardrails and steel handrails. Approximate Construction Dates: From 8/2018 To: 4/2019 Agency Name UCSD Contact Person Jim Hennelly Telephone (851-322-2126 Original Contract Amount $ 262000 Final Contract Amount $ 300,030 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. M 12 No. 6 Project Name/Number Gay Rio Way Reservoir Rehabilitation Project Description Replace Wooden Roof with Aluminum Dome extend fo undation, thicken perimeter wall from 8" to 16" Approximate Construction Dates: From 10/2017 To: 7/2018 Agency Name Lakeside Water District Contact Person Brett Sanders Telephone (61 �-443-3805 Original Contract Amount $ 759,000 Final Contract Amount $ 808,266 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders 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 Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Tharsos Inc Bidder 13 Authorized Signature/Title Michael Lopez 5022 Thorne Drive La Mesa, CA 91942 mlopez(d tha rsosinc.com PROFESSIONAL EXPERIENCE June 2010 — Present President of THARSOS INC 619-669-8377 cell Sept 2005 — June 2010 Assistant Project Manager — Archer Western Contractors Assigned to Pump Turbine & Pipeline Coating Repair in Rancho Penasquitos, CA. Dismantle Pump Turbine ($150K) Assigned to Alvarado WTP Ozone Project in La Mesa, CA. Contract to build Ozone Building ($47M) Assigned to Lake Hodges Pump House Storage Facility in Escondido, CA. Contract to build Pump House ($56M) Assigned to Alvarado WTP Phase II Expansion in La Mesa, CA. Contract to build Floc/Sed Basins ($29M) - My position was to professionally represent, support, and advocate the organization's philosophy, policies and procedures and demonstrate excellent leadership and people skills in the presence of its Clients, Architects, and Engineers. My responsibilities included: Assist in estimating large public work projects, prepare contracts for vendors and subcontractors, prepare and negotiate field orders and change orders, prepare and schedule for shut downs and tie-ins, prepare and process pay applications, review and process invoices, generate P&L reports, update and generate P3 schedules, perform safety walks, attend meetings with clients and owners, start and close jobs. May 2004 — Sept 2005 Project Engineer — Archer Western Contractors Assigned to Alvarado WTP Phase II Expansion in La Mesa, CA. Contract to build Floc/Sed Basins ($29M) - My responsibilities included: maintain daily logs and project diary, review cost coding (time sheets and invoices), review daily production reports, review submittals, drafting- field sketches, interpreting contract drawing and specifications, maintain monthly photos, record equipment and material deliveries, prepare and monitor CPM schedule for project. Aug. 1998 — Mar. 2003 Field/Mechanical Engineer — Cherne Contracting Corporation Assigned to ARCO Polypropylene Project in Long Beach, CA. Contract to build polypropylene plant (>$100M) Assigned to BP Amoco Refinery Butanediol Project in Lima, OH. Contract to build a butanediol plant (>$100M) Assigned to Empire Electric State Line Project in Joplin, MO. Subcontract for mechanical side of Combined Cycle Power Plant (500MW) ($50-100M) Assigned to Equilon Refinery in Long Beach, CA. Contract to upgrade refinery for clean fuels (regulation capital improvements). ($20-40M) - Construction Management Activities included scheduling the installation of piping and mechanical equipment with the intent to meet completion dates as set by owner. Inspect work and verify compliance with applicable codes, and specifications. Work with superintendent and supervise up to 40-50 union craft employees during construction activities. Provide if possible most efficient construction path. Provide owners with options, solutions, and estimated cost for design errors or for any problem that inhibit construction. Assure project was built to plans and specifications. Update construction schedule and plan out work for new proposed construction and shut down work. Generate progress reports and verify work efficiencies. Schedule final walk downs for turn over. Participate in construction meeting with client and owners. Organize all documentation. Communicate with vendors for equipment problems, handling, storage, start up, etc. Perform material takeoffs, draft isometrics for layout and construction. Nov. 1995 - Aug. 1998 Field/Mechanical Engineer - Scott Company of Southern California Assigned to Mobil Boiler Feed Project in Torrance. Contract to build RO/Microfiltration water treatment plant (>$12M) - My duties included expediting submittals for approval, writing RFI's, inspecting fieldwork, investigating problems with construction and methods, corresponding with vendors and subcontractors, documentation control, concrete testing preparations, purchasing/scheduling equipment, material check -in, assisting Project Manager with technical assignments, generating reports, attending construction meeting. Assigned to Hyperion Water Treatment Plant Full Secondary Facilities Phase 2 Project. (>$100M) - Assist Mechanical Superintendent with field operations and procurement of materials/equipment for projects involving liquid oxygen tank installation, large/small bore piping installations above and below grade, pumps, gas scrubber sys, chemical feed systems, clarifier equipment, reactor equipment, and other mechanical items. Other responsibilities included subcontract administration, documentation control, expediting submittals, preparing work schedules, tracking tests for piping and field welds, and working with vendors to establish priorities for equipment/materials deliveries and installations. Sept. 1992 —Nov. 1995 Project Estimator Assistant / Contract Administrator - Manhole Adjusting Inc. Manhole Adjusting Inc. is a General Engineering Contracting firm that specializes in the construction of roads and highways with Asphalt Rubber. - My duties included working with Project Manager on scheduling, coordinating daily activities for workers, performing technical assignments, monitoring work operations in relation to schedule and budget criteria, develop cost reports for project functions on a daily, weekly and monthly basis, coordinate work requirements for subcontractors and material vendors, prepare technical documents (calculations, field designs, operation procedures) as required, provide quantity takeoffs and cost estimates for contract bidding, perform site investigation to be used in subsequent bid estimate, and conduct field inspections for construction relative to plans and specifications. EDUCATION CALIFORNIA STATE POLYTECHNIC UNIVERSITY, POMONA Bachelor of Science in Civil Engineering - Environmental Option Archer Western Contractors, Ltd. A Member of the Walsh Group San Diego County Water Authority Pump Turbine & Pipeline CoatingF Repair • Rancho Penasquitos, California • Owner: San Diego County Water Authority • Contract Value: —$150,000 • NTP: November, 2009 • Completion Date: December, 2009 This project was warranty related work that included replacement of the mechanical seal in a 5MW pump turbine. Other work included the repair of coating system in the 96 in and 84 inch pipe associated with the pump turbine. This work was to be done in a 30 day shutdown. The work included dismantling the pump and associated components and reassembly with operational testing of all piping, mechanical equipment, and commissioning of pump turbine equipment. A1uy Archer Western Contractors, Ltd. A Member of the Walsh Group Alvarado Water Treatment Plant Upgrade & Expansion Ozone Project • La Mesa, California • Owner: City of San Diego • Engineer: Malcolm Pirnie • Contract Value: $47,339,896 • NTP: June 26, 2008 • Completion Date: July 10, 2010 The work will allow the Alvarado WTP to ozonate settled water. The principal work under this contract includes; construction of new hydraulic structures, contactors, influent and effluent channels, galleries, ozone building, installation of new ozone equipment, 5 -150HP vertical turbine pumps, sump pumps, centrifugal split case pumps, mechanical equipment, process instrumentation , plant control systems, electrical power distribution facilities, yard piping, site drainage piping, valve vaults, cathodic protection systems, hand railings, retaining walls, curbs, sidewalks, paving and surface improvements, landscaping, disinfection and operational testing of all piping, and commissioning of ozone equipment for a complete operational system. Archer Western Contractors, Ltd. A Member of the Walsh Group Olivenhain-Hodges ESP/Pump Storage Proiects Pump House and Inlet/Outlet Structure • Escondido, California • Owner: San Diego County Water Authority • Engineer: MWH • Contract Value: $55.638.101 • NTP: March 17. 2006 • Completion Date: July 12, 2010 The work under this contract consists of the construction of a pump house, coffer dam, tailrace tunnel, inlet/outlet structure, and high voltage switchyard. Owner furnished equipment installation included penstocks and bifurcation, shutoff valves, pump-turbine/motor-generators (40 MV), and major electromechanical equipment. Installation also included draft tube gates and hoists, compressors, misc pumps, 69-Kv transmission lines. Other principle elements included architectural work, dewatering, excavation, blasting, earthwork, drilling and grouting, painting and protective coatings, roadwork and traffic control, landscaping, operational testing and commissioning of completed plant. N 9 )AInky !■�Archer Western Contractors, Ltd. A Member of the Walsh Group R fJ Alvarado WTP Proiect Phase II 120 MGD Flocculation Sedimation Basins • La Mesa, California • Owner: City of San Diego • Engineer: Malcolm Pimie • Contract Value: $29,105,000 • NTP: March 29, 2004 • Completion Date: March 12, 2007 • Two - Flocc/Sed Basins - 12 - Horizontal Flocculators 6 per basin - 12 - Chain & Flight Sytems 6 bays per basin - Yard Piping 84", 66", 4811, 24" - 48" Ventrui's Flow Meters, 84", 48". 24- BFV's - Chemical/Operations/Electrical Buildings • Concrete Placement Approx. 24,000 cyds • Major Suppliers - Misco/Jim Myers — Horizontal Flocculators - GMI/Polychem — Chain & Flight System - Mid America Pipe — Yarding Piping 7839 University Ave. Suit 210 La Mesa Ca. 91942 (619) 251-2038 ` richwilliams.tharsos@gmail.com To work in a supervisory / leadership position in the construction industry with Tharsos Inc. and to apply my extensive experience and knowledge to the many duties associated with building water, wastewater, reclamation plant, pump and lift stations. I have over 25 years in the construction industry building large scale public works projects. I bring my experience to the team and am committed to the overall success of the projects with the common goal to complete projects safely, under budget, and on time to ensure owner satisfaction. I utilize the best and safest work practices and maintain a high safety awareness and practice. - :-t AECT _XPEZlEv'U 1/01/2010 - Project Superintendent / Project Manager, Tharsos Inc. Current As a current member of the Tharsos Inc. team I have the responsibility of a variety of duties and obligations. These include but are not limited to estimating, developing project schedules and budgets, production and cost analysis, purchasing, and staff and subcontractor coordination. 10/01/2008 — Project Superintendent, Archer Western Contractors LTD 11/15/2009 • Alvarado WTP — Ozone Expansion/ Contract value $56,000,000 Responsibilities — Coordinating crew of approx. 65 plus subcontractors and suppliers in the building of an ozone facility consisting of approximately 18000 cubic yards of concrete and all associated piping and mechanical systems. 4/01/2007 — project Superintendent, Archer Western Contractors LTD 10/01/2008 Lake Hodges Pump Station — Hydroelectric Facility / Contract value $55,000,000 Responsibilities — Coordinating crew of approx. 65 plus subcontractors and suppliers in the building of a hydroelectric pump station facility consisting of an excavation of approx. 170' deep into solid rock by the use of drill and blast methods and pouring of approximately 12000 cubic yards of concrete with the install of all associated piping, mechanical systems and the install of 2 each 20 megawatt pump turbine generators. 5/01/2004 — Project Superintendent, Archer Western Contractors LTD 4/01/2007 Alvarado WTP — Upgrade and Expansion of the Sedimentation and Flocculation Basins / Contract value $29,000,000 Responsibilities — Coordinating crew of approx. 50 plus subcontractors and suppliers in the building of new sedimentation and flocculation basins consisting of approximately 24000 cubic yards of concrete and install of all associated piping and mechanical systems. 2001 - 2004 Project Foreman, Archer Western Contractors LTD Miramar WTP — Phase 2 Upgrades Point Loma WWTP — Digester Cl & C2 Upgrades 1999 - 2001 Project Foreman, CDM Contractors Point Loma WWTP — Headworks Upgrade and Grit install 1990 - 1999 Carpenter apprentice / Journeyman / Pipe Layer / Operator, Western Summit San Elijo WWTP — Expansion & Upgrades Corona WWTP— Expansion & Upgrades North City Water Reclamation Plant San Pasqual WWTP Encinas WWTP Expansion & Upgrades EDUC; & TRl,:'.'i,'G [Dates] El Capitan High School Associated General Contractors Carpenters Apprenticeship Program Cal Osha 30 hr. Safety Course Forklift and Crane Safety EEO Compliance & Anti -harassment training Competent person training in confined space entry, fall protection, scaffolding & shoring, excavation & trenching, Safety Awards: CALOSHA Golden Gate / Sharp Awards for the Alvarado WTP Sedimentation Flocculation Basins and the Lake Hodges projects consisting of the recognition of safe work practices and a year exemption from any CALOSHA site visits. References available upon request. Page 2 City of Newport Beach 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of S��-K i being first dyly sworn, depposes and says that he or she is of ��{; S0S the party making the foregoing bid; that th6 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 Ca ifo t he f e g is tr a and correct. Bidder Authorized Signatureftitle Subscribed and sworn to (or affirmed) before me on this day of 2022 by satisfactory evidence to be the , proved to me on the basis of who appeared before me. I certify under PENALTY OF PERy RY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 Notary Public My Commission Expires: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1180 - - - -- -"? A notarypublic 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 S u n �' g O �� 2®�Z /' J� On before me, cL I k ^� vC c L /t%O.�G` I'., b�+`c date Here Insert Name and Title of the Offs ar Ail/1 Personally appeared 8rd I t 0 of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. GRACE THI PATRICK r Notary Public - California San Diego County Commission N 2253329 `"�"'�� My Comm. Expires Aug 10, Z022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. n&:-4 Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 DESIGNATION OF SURETIES Bidder's name Tharsos Inc Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Broker - Alliant Insurance Services f0i B. Street, 6th Fto-or San Diego, CA 92101 619-238-1828 Surety - Argonaut Insurance Company 20335 Ventura Blvd, Ste. 426--- Woodland Hills, CA 91364 866-363-2642 15 City of Newport Beach 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Tharsos Inc Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2021 2020 2019 2018 2017 Total 2022 No. of contracts Total dollar Amount of Contracts (in � �'8J 1836 - Thousands of $ No. of fatalities l 0 No. of lost Workday Cases 0 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. {Vote: We are exempt as a small business enterprise from the CAL/OSHA logs. we have no recordable fatalities,_ lost work days, or lost work days involving transfers or termination of emploments 16 Legal Business Name of Bidder Business Address: Bu§iness Tel. No.. - State Contractor's License No. and Classification. - Title Tharsos Inc 7839 University Ave, #210 619-464-1261 980621 A & B President 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 L' Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notarypublic 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 S a n On ®6 ?VZZ before me, r ct h, � a -� of � /�O-�G► I'� b1;� ate Here Insert Name and Title of the Officer personally appeared Al_( c k,* f-0 Lo .0107 of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. „I ,y GRACE TNI PATRICK Notary Public - California z San Diego County ' '� � Commission N 2253729 `" My Cornm. Expires Aug 10, Z022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r` Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer - ❑ Partner - ❑ Limited El Individual ❑ Trustee ❑ Other: Signer is Representing Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator City of Newport Beach 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Tharsos Inc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 1 61212022 zd 18 City of Newport Beach 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Tharsos Inc Business Address: 7839 University Ave, #210, La Mesa California 91942 Telephone and Fax Number: 619-464-1261 , 619-825-6675 California State Contractor's License No. and Class: 980621 A & B (REQUIRED AT TIME OF AWARD) Original Date Issued: 912012 Expiration Date: 113112023 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: None 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 Michael Lopez President 7839 University Ave, 210 619-669-8377 Richard Williams V. President 7839 University Ave, #210 619-251-2038 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None 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; None Briefly summarize the parties' claims and defenses; None Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes ! No 20 Are any claims or actions unresolved or outstanding? Yes No 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. Michael Lopez (Print name of Owner or-Pres' en of Corporatio C n) / Tharsos Inc Bidder Authorized Signature/Title President Title 6/6/2022 Date On before satisfactory evidence to be the pi acknowledged to me that he/she/t by his/her/their signature(s) on the 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. Notary Public in and for said State My Commission Expires: Notary Public, personally appeared who proved to me on the basis of on(s) whose name(s) is/are subscribed to the within instrument and executed the same in his/her/their authorized capacity(ies), and that >trument the person(s), or the entity upon behalf of which the person(s) (SEAL) r� L ��,n� ✓ ice! n 21 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies on�thentity of t�individ�ualwhosigned the documentto which this certificate is attached, and not the truthfulness, accualidity of State of California County of S a n` g O On 6 1 ZV-2-2- before me, r c.Z I VA � 1 c �Yt c�Ct A)E) -�,4 �L, b�I ate Here Insert Name and Title of the Offi er personally appeared of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. GRACE THI PATRICK y Notary Public - California San Diego County Commission q 2253329 u ^"� My Comm. Expires Aug 10, Z022 Place Notary Sea/ and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r! Signature Signature of Notary Public UPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 2021-2022 TIDE GATE IMPROVEMENT PROJECT CONTRACT NO. 7999-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 12th day of July, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Tharsos Inc., a California corporation ("Contractor"), whose address is 7839 University Avenue, #210, La Mesa, CA 91942, 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: distributing construction notices to affected residents and businesses; establish traffic control for construction; furnish and install new tide valves; furnish and install new actuator, motor and controls; coordinate with SCE to install electric conduit and electric cabinet; demolish and replace existing catch basins; remove and reconstruct sidewalk, concrete pavement and curb; provide temporary bulkhead and manual valve and pumping (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7999-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Four Hundred Forty Two Thousand Five Hundred Ninety Five Dollars ($442,595.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Michael Lopez 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 Tharsos Inc. Page 2 City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works 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: Michael Lopez Tharsos Inc. 7839 University Avenue, #210 La Mesa, CA 91942 Tharsos Inc. Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Tharsos Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. Tharsos Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim, collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be Tharsos Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. Tharsos Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Tharsos Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorneys 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. r�►'h'/_RTl4.1 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] Tharsos Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date. -- By: /—/, , " � , AAornb�( '1-1 ATTEST: p, � . ^ _n� Date: o ;[�!� Q` By: Leilani I. Brown City Clerk U OFtN1P CITY OF NEWPORT BEACH, a California municipal corporal Date: / s_ "'_ ✓in Muldoon yor CONTRACTOR: Tharsos Inc., a California corporation Date: Signed in Counterpart By: Michael Lopez Chief Executive Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Tharsos 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: 7--14- CITY OF NEWPORT BEACH, a California municipal corporation Date: B�VA By: 4nC ar '1-1`�•� Kevin Muldoon ttornMayor ATTEST: Date: in Leilani I. Brown City Clerk CONTRACTOR: Tharsos Inc., a California corporation Date: 7, Z z. 26P Z, / By: Michael Lopez Chief Executiv+ [END OF SIGNATURES] Officer/Secretary Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements Tharsos Inc. Page 10 Premium: Included in the Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. CMGP00005889 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Tharsos Inc. hereinafter designated as the "Principal," a contract for: distributing construction notices to affected residents and businesses; establish traffic control for construction; furnish and install new tide valves; furnish and install new actuator, motor and controls; coordinate with SCE to install electric conduit and electric cabinet; demolish and replace existing catch basins; remove and reconstruct sidewalk, concrete pavement and curb; provide temporary bulkhead and manual valve and pumping 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, Argonaut 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 Four Hundred Forty Two Thousand Five Hundred Ninety Five Dollars ($442,595.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. 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 Tharsos Inc. Page A-1 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 20th day of July ____,0 22 Tharsos, Inc. Name of Contractor (Principal) Argonaut Insurance Company Name of Surety c/o WGIA, 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: El - 3 --Zz— M Attorney 15pm Authorized Au zed Agent Signature Stephanie Hope Shear, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Tharsos Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of <SEE ATTACHED> }Ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to me that in his/her/their authorized capacity(ies), and that by his/her/their the person(s), or the entity upon behalf of which the person(s) ac I certify under PENALTY OF PERJURY under the laws of the State paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California son(s) whose name(s) is/are she/they executed the same natures(s) on the instrument , executed the instrument. California that the foregoing County of ) SS. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) wh, subscribed to the within instrument and acknowledged to me that he/she/they in his/her/their authorized capacity(ies), and that by his/her/their signatures(s the person(s), or the entity upon behalf of which the person(s) acted, execute se name(s) is/are xecuted the same on the instrument the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Californi that the regoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) A Tharsos Inc. Page A-3 Bond No. CMGP00005889 Premium: $4,926.00 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum o $15.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following solution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile'signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. .... Argonaut Insurance Company SEAL'; by: cc�, ,948 STATE OF TEXAS f1NO�5' Gary E. Grose President COUNTY OF HARRIS SS: ��""��*��""••, On this 19th day of November, 2021- A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly swom, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. K ATHLEEN M MEEKS ���A NOTARY PVBLIC �`^Y19' STATE OF TEXAS �`'?oc tc�5 MY COMM. EXP 07/15/25 NOTARY ID 557902-8 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Dlinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 20th day of July , 2022 . SEAL; 1948 Austin W. King Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA•• •. 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 Los Angeles On JUL 2 0 2022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hope Shear Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. `. \F LUCAS PA7, ER,3 Notary Public - Ca!ifornia = J — a Los Angeles County � r ? " Commission ' 2352264 Signature Comm, Expires Mar 19, 2025 Signature of NotereOublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorne ' ac ❑ Trustee ❑ G Ian or Conservator ❑ Other: Signer Is esenting: Docum Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 IA notary public or other'officer completing this certificate verifies only the identity of the individual who signed the document I to which this certificate is attached, and not the truthfulness, arcuracy, or validity of that document. State of California County `of f 'Z � C L , On _ _ZD �2. before me; ! v. Date Here Insert Nome and Title of the O personally appeared ► GC�,`%� L Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 0 dh GRACE TNI PATRICK Notary Puhf'c - California 2 San Diego County > Commissinu a 2253329 My Corm. Expires Aug 10, 2022 Place /,rotary Seal andlor Stamp Above i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur Signature of Notary Public OPTIONAL -- — -- ---, Completing this information can deter alteration of the document or fraudulent recttachment of this form to an unintended document. Description of Attaic-hesLDocument Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer - ❑ Partner - ❑ Limited ❑ Individual p Trustee ❑ Other: Signer is Representing: ❑ General® ❑ Attorney in ❑ Guardian or 02018 National Notary Association ° EXHIBIT B CITY OF NEWPORT BEACH BOND NO. CMGP00005889 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,926.00 , being at the rate of $ 11.13 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Tharsos Inc. hereinafter designated as the "Principal," a contract for distributing construction notices to affected residents and businesses; establish traffic control for construction; furnish and install new tide valves; furnish and install new actuator, motor and controls; coordinate with SCE to install electric conduit and electric cabinet; demolish and replace existing catch basins; remove and reconstruct sidewalk, concrete pavement and curb; provide temporary bulkhead and manual valve and pumping 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 Argonaut 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 Four Hundred Forty Two Thousand Five Hundred Ninety Five Dollars ($442,595.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the Tharsos Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed b the Principal and Surety above named, on the loth day of July, n 429 Tharsos, Inc. �11&4 4 Name of Contractor (Principal) Autflorize igna itle Argonaut Insurance Company Name of Surety Authorized Agent Signature c/o WGIA, 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: dl— 3 �2- By: ar C. r 61 a1 a ' Giry Attor ey Stephanie Hope Shear, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Tharsos Inc. Page B-2 ACKNOWLEDGMENT A notary public or other off 6 completing this certificate verifies only the ide tity of the individual who signed the document to w ich this certificate is attached, and not the truthfulne s, accuracy, or validity of that document. State of Califomia County of <SEE ATTACHED> SS. On , 2 Notary Public, personally appeared who proved to me on the basis of satisfa t, subscribed to the within instrument and a in his/her/their authorized capacity(ies), a the person(s), or the entity upon behalf of I certify under PENALTY OF PERJURY u paragraph is true and correct. WITNESS my hand and official seal. Signature before me, r evidence to be the person(s) whose name(s) is/are :)wledged to me that he/she/they executed the same that by his/her/their signatures(s) on the instrument rich the person(s) acted, executed the instrument. the laws of the State of Californi4 that the foregoing ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual w1ko signed the document to which this certificate i attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )Ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be th subscribed to the within instrument and acknowledged to me th" in his/her/their authorized capacity(ies), and that by his/her/thei the person(s), or the entity upon behalf of which the person(s) a I certify under PENALTY OF PERJURY under the laws of the paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) person(s) whose name(s) is/are he/she/they executed the same r ignatures(s) on the instrument c d, executed the instrument. it California that the f egoin (seal) Tharsos Inc. Page B-3 Bond No. CMGP00005889 Premium: $4,926.00 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under lie laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: �o,%4 Gabriella Grady, Shilo Lee Losino, Stephanie Hope Shear, Elizabeth Santos, Stacey Garcia, Matthew Dionisio, Christopher Coronel Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice eside�nt, Secretary, Treasurer and each of them hereby is ; authorized to execute powers of attorney, and such authority can be executed by use of fa ile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the givegower of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakin and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its fficia eal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. AdkLArgonaut Insurance Company •`�gURq,y '• SEAL by dam, tsaa STATE OF TEXAS COUNTY OF HARRIS SS: Z.,, � zl�� Gary E. Grose , President On this 19th day of November, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the sealaffixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. lli u ti Yl . "YY�u t� K ATHLEEN M MEEKS �"A �, NOTARY PUBLIC !��"�! STATE OF TEXAS �f"FOF�E�y MY COMM_ EXP. 07//5/25 NOTARY If7 557902-8 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 20th day of July , 2022 Austin W. King , Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Los Angeles ) On JUL 2 0 2022 before me, Date Lucas Patterson, Notary Public Here Insert Name and Title of the Officer personally appeared Stephanie Hope Shear Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. E, s LUCAS PAS PERSON ::.....,�..• FIL Notary Public • California = Los Angees County R, Commission 2352264 My Comm. Expires Mar 19, 2025 Place Notary Seal Above 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 ' Signature of Notaryf3ublic OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorne ac ❑ Trustee ❑ G Ian or Conservator ❑ Other: Signer Is esenting: Docu Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 s 4 A On Q_� 12 I 1 ZO ZZ before me, G vrq c.C— r k A)q 414 Date 11 Here Insert Name and Title of the Off er personally appeared c1i Le aer- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. GRACE THI PATRICK Notary Public - California z �- San Diego County n Commission N 2253329 My Comm. Expires Aug 10, 2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. n Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description o tached Document Title or Type of Docu t- Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Number of Pages: Signer's Nam ❑ Corporate Officer — ❑ Partner — ❑ Limited ❑ Individual o Trustee ❑ Other: Signer is Representing: ❑ eral ❑ 1 , ttorney4Q Fact ❑ Guardian or Ctrs( EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Tharsos Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten Tharsos Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be Tharsos Inc. Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Tharsos Inc. Page C-4 K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Tharsos Inc. Page C-5 City of Newport Beach 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor 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. 7999-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 61612022 Date 619-464-1261 , 619-825-6675 Bidder's Telephone and Fax Numbers 980621 A & B Bidder's License No(s). and Classification(s) 1000012874 DIR Registration Number Bidder's email address: Tharsos Inc Bidder %d,4d Za,&ey President Bidder's Authorized Signature and Title 7839 University Ave, #210 Bidder's Address mlopez@tharsosinc. com Vendor Name Tharsos nc Address %339 Ui-nrers:-,, Ave. -_ La lMes3, 1, af m a'j' United States Respondee Michael Lopez Respondee Title P esideni Phone 61,9 01126 Email r'o^ezr3t"arsosirc.oT Vendor Type DGS License # 98062i CADIR Bid Format Electronic Submitted 06/07!2029 �:� 55 AM ;PDT; Delivery Method Bid Responsive Bid Status Submitted Confirmation # 29456 File Title BID SUBMIT —AL C-? 99 ` -,iais ,s u,c-;Ddr Bid Bond .pd` File Name File Type B:DSUBNiITTALC 7099 i-arscs nc.odf GeneialATacnin,-ent Bid Bone; pdf Bid Bcnd. Sho�-,wng 1 Subcontractor Name & Address RP Controls Inc V/.est Cc-n,on.n�ea�tl, Ave Suite D F11lel"tOfl, Ca,ifon-a 92833 Desc License Num CADIR Amount Type =lecuic;. 98? u8 000612033- S3 A 000 30 Discount Terms 'ic D c Item Item ., Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section 1 5442,595.00 1 Mobilization/Demobilization LS 1 531,237.00 531,237.00 Yes 2 Traffic Control LS 1 315,000.00 515,000.00 Yes 3 Surveying Services LS 1 510,000.00 510,000.00 Yes 4 Sawcut, Remove and Reconstruct Concrete Vault Top Slab and Portion of Vault Side Walls (Lido Park Drive) EA 1 $29,983.00 $29,983.00 Yes 5 Furnish and Install 18-Inch Fresno Series 4200 Type Pressure Gate, Non -Rising Stem (Lido Park Drive & E Streets) EA 2 59.007.00 $18,014.00 Yes 6 Furnish and Install 36-Inch Waterman Series S45 Heavy Duty Sluice Gate (K Street) EA 1 548,208.00 548,208.00 Yes 7 Furnish and Install Actuator, Motor and Controls (K Streets) EA 1 510,468.00 510,468.00 Yes 8 Furnish and Install Myers Stainless Steel Electrical Meter Cabinet and Base EA 1 $16,800.00 516,800.00 Yes 9 Furnish and Install New Electrical Pull Box per SCE Plan and CNB STO 204 EA 1 55,935.00 55,935.00 Yes 10 Furnish and Install Double Leaf Aluminum Access Doors EA 1 513,446.00 $13.446.00 Yes 11 Catch Basin Face Plate Assembly and Protection Bar Per CNB STD 305-8 EA 2 53,751.00 57,502.00 Yes 12 Remove Existing and Construct Catch Basin Per CNB STD 300 EA 2 518,112.00 536,224.00 Yes 13 Construct Modified Local Depression EA 1 59,840.00 89,840.00 Yes 14 Furnish and Install 24-Inch Manhole Frame and Cover Per CNB STD 318 EA 2 54,756.00 $9,512.00 Yes 15 Furnish and Install Steps for Manholes and Structures per CNB STD 317 EA 8 $181.00 $1,448.00 Yes 16 Remove and Reconstruct 4-Inch Thick Concrete Sidewalk Per CNB STD 180 SF 200 569.00 S13,800.00 Yes 17 Remove and Reconstruct 6-Inch Type 'A" Concrete Curb and Gutter Per CNB STD 182 LF 25 5470.00 $11,750.00 Yes 18 Remove and Construct 6-Inch Thick Concrete Pavement Per CNB STD 108 and 109 SF 100 9124.00 512,400.00 Yes 19 Furnish and Install 3-Inch Diameter Schedule 80 P.V.C. Electrical Conduit with Pull Rope per SCE Plan, CNB STD 106-8 and CNB STD 106- A LF 110 $222.00 524,420.00 Yes 20 Remove Existing 18-Inch CAP, Furnish and Install 18-Inch SDR 35 Polyvinyl Chloride Pipe LF 80 5305.00 524,400.00 Yes 21 Remove Interfering 36-Inch ACP and Install 36-Inch HDPE Corrugated Dual Wall Pipe and Connect to Existing Storm Drain LF 6 52,949.00 S17,694.00 Yes 22 Remove Existing Storm Drain Outlet, Protecting Bulkhead as Required to Install Proposed Storm Drain LS 1 533,100.00 533,100.00 Yes 23 Construct Storm Drain Concrete Pipe Collar Per CNB STD 326 EA 4 53,451.00 S13,804.00 Yes 24 Signage and Striping LS 1 54,889.00 54,889.00 Yes 25 Provide Temporary Bulkhead, Manual Valve and Pumping LS 3 55,907.00 $17.721.00 Yes 26 Provide As -Built Plans and Operation Maintenance Manual for Each Location LS 1 55,000.00 S5,000.00 Yes Section Title Section 1 Grand Total Line Total $442,595.00 $442.595.00 Page 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 2021-20222 T'IDEGATE IMPROVEMENT PROJECT CONTRACT NO 7999- 1 DATE: 2 2�7i`Zi !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. Bid Item No. 20: The quantity for this line item has been revised from 180 LF to reflect 80 LF. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full_payment in my Proposal. Bidder's NName (Please Print) Z Date ho ature 6 Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 191303 CONTRACT NO. 7999-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-3 Subcontractors 2-3.1 General 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.3 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 5-7 SALVAGED MATERIALS 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 4 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-7.2 Working Days 6 6-7.4 Working Hours 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-7 COOPERATION AND COLLATERAL WORK 8 7-8 WORK SITE MAINTENANCE 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.2 Storage in Public Streets 8 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 9 7-10 SAFETY 9 7-10.1 Traffic and Access 9 7-10.2 Street Closures, Detours and Barricades 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 11 7-10.5.3 Steel Plate Covers 11 7-10.5 "No Parking' Signs 11 7-10.6 Notices to Residents 11 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 12 7-17 STORM DRAIN FLOW BY-PASS SYSTEM 12 SECTION 9 - MEASUREMENT AND PAYMENT 12 9-2 LUMP SUM WORK 12 9-3 PAYMENT 12 9-3.1 General 12 9-3.2 Partial and Final Payment. 18 PART 2 - CONSTRUCTION MATERIALS 18 SECTION 200 — ROCK MATERIALS 18 200-2 UNTREATED BASE MATERIALS 18 200-2.1 General 18 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 18 201-1 PORTLAND CEMENT CONCRETE 18 201-1.1 Requirements 18 201-1.1.2 Concrete Specified by Class and Alternate Class 18 201-2 REINFORCEMENT FOR CONCRETE 18 201-2.2 Steel Reinforcement 18 201-2.2.1 Reinforcing Steel 18 201-5.6 Structural Repair Mortar 18 SECTION 206 - MISCELLANEOUS METAL ITEMS 19 206-7 TIDE GATE 19 206-7.1 Waterman Industries 19 206-7.1.1 Waterman S45 Series Heavy Duty Tide (Sluice) Gate 19 206-7.2 Fresno Valves & Castings, Inc. 24 206-7.2.1 Series 4200 Type W Pressure Gate (Slide) Gate 24 206-8 ALUMINUM DOUBLE LEAF HATCH 28 SECTION 215 - TRAFFIC SIGNS 32 SECTION 218 — ELECTRICAL COMPONENTS 32 218-1 SLUICE GATE ELECTRICAL COMPONETS 32 218-1.1 Gate Operators 32 218-1.2 Electric Valve Actuators and Tide Gate Operator Controls 33 218-1.2.1 Electric Valve Actuators 33 218-1.2.2 Electric Actuator Control 34 218-1.2.3 Electric Actuator Manufacturers 35 PART 3 - CONSTRUCTION METHODS 35 SECTION 300 - EARTHWORK 35 300-1 CLEARING AND GRUBBING 35 300-1.3 Removal and Disposal of Materials 35 300-1.3.1 General 35 300-1.3.2 Requirements 36 SECTION 302 - ROADWAY SURFACING 36 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 36 302-6.7 Traffic and Use Provisions 36 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 36 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 37 303-5.1 Requirements 37 303-5.1.1 General 37 303-5.5 Finishing 37 303-5.5.2 Curb 37 303-5.5.4 Gutter 37 PART 6 - TEMPORARY TRAFFIC CONTROL 37 SECTION 600 - ACCESS 37 600-1 GENERAL 37 600-2 VEHICULAR ACCESS 38 600-3 PEDESTRIAN ACCESS 38 SECTION 601— WORK AREA TRAFFIC CONTROL 38 601-1 GENERAL 38 601-2 TRAFFIC CONTROL PLAN (TCP) 39 601-2.1 W.A.T.CH. (only) 39 APPENDIX A— FRESNO INSTALLATION, OPERATION & MAINTENANCE MANUAL 40 APPENDIX B — SCE APPROVED PLAN FOR K STREET TIDE GATE 41 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2021-2022 TIDE GATE IMPROVEMENT PROJECT PROJECT NO. 19D03 CONTRACT NO. 7999-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D-5402-S); (3) the City's Desiqn Criteria Standard Special Provisions and Standard Drawings for Public Works Construction, (2021 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www bnibooks com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard' Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page 1 of 41 At the time of the award and until completion of work, the Contractor shall possess an "A" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-3 Subcontractors 2-3.1 General If and when connecting to an Edison Electrical Pull Box or Vault construction shall be done by an Edison Approved Contractor. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of the following: • Distributing construction notices to affected residents and businesses; • Establish traffic control for construction; • Furnish and install new tide valves; • Furnish and install new actuator, motor and controls; • Coordinate with SCE to install electric conduit and electric cabinet; • Demolish and replace existing catch basins; • Remove and reconstruct sidewalk, concrete pavement and curb; • Provide temporary bulkhead and manual valve and pumping. 2-9 SURVEYING 2-9.3 Survey Service 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 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. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. Page 2 of 41 SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Page 3 of 41 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 Contractor's submittals shall include, but not be limited to, the sluice gate, motor operator, electrical controls, pedestal and cabinet, ladder, hatch, epoxy materials, and concrete mixes. Submittals shall be approved prior to ordering any parts or materials. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline and electrical conduit(s) 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 Page 4 of 41 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, AT&T Telephone, 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. 5-7 SALVAGED MATERIALS The Contractor shall salvage existing tide valves, stems, rail guides, and valve vault hatch covers. The Contractor shall remove and salvage manhole lid and existing steps. Salvaged materials shall be delivered to the City's Utilities Yard at 949 W. 16th Street. Unless directed otherwise or shown otherwise on the plans, the Contractor shall make arrangements for the delivery of salvaged materials by contacting Craig Auger, Utilities Department, Utilities Supervisor at (949) 718-3481. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting 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 addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. Page 5 of 41 6-7 TIME OF COMPLETION 6-7.1 General After the provision of a material and equipment procurement schedule, the Engineer shall issue a Notice to Procure. The time allotted during the Notice to Procure shall be granted for shop drawing preparation, equipment manufacturing and delivery. The City currently estimates the Notice to Procure time to be 150 calendar days. The Notice to Proceed will be issued at the expiration of the Notice to Procure. The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. 6-7.2 Working Days The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Spring Break (April 10-14, 2023) 5. Last Monday in May (Memorial Day) 6. July 4th (Independence Day) 7. First Monday in September (Labor Day) 8. November 11 th (Veterans Day) 9. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 10. December 24th, (Christmas Eve) 11. December 25th (Christmas) 12. December 26th thru 30th (City Office Closure) 13. 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. No work shall be permitted during summer months, Spring Break (April 10-14, 2023) and Memorial Day through Labor Day, on the Balboa Peninsula. 6-7.4 Working Hours Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. Should the Contractor elect to work outside normal working hours to take advantage of favorable tidal conditions a written notice shall be provided to the Engineer with times and dates 72 hours prior to any work. Page 6 of 41 The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1000.00. 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 Page 7 of 41 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. Page 8 of 41 7-8.6 Water Pollution Control Surface runoff water, including all water used during saw -cutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com. 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.1 Traffic and Access The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other Page 9 of 41 measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.2) 7-10.2 Street Closures, Detours and Barricades The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Contract Manager, John J. Nelson, at (949) 644-3197 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. The Contractor will be allowed to close one alley or street at a time to complete the work. Work in other alleys and streets can take place if not immediately adjacent to the first area of work and does not cause any other impacts to residents, such as lost street parking. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Page 10 of 41 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. 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 200 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other Page 11 of 41 alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 7-17 STORM DRAIN FLOW BY-PASS SYSTEM The Contractor shall bypass all storm or tidal flows during related construction operations, as required. The Contractor shall at all times be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. Primary bypass system shall be designed to handle 120 percent (%) of the predicted flows as specified by the Engineer. Plans for bypassing shall be submitted by the Contractor to the Engineer for approval prior to related construction activity, allowing at least five working days for review and return of comments. Approval by the Engineer does not in any way relieve the Contractor of its responsibilities provided for in this section. 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 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 Page 12 of 41 incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, providing submittals, bonds, insurance; financing; attending all meetings; establishing a field office (if necessary); providing and maintaining 6-foot high construction chain link fence with screen; preparing and implementing the BMP Plan; preparing and updating construction schedules as requested by the Engineer; attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removing construction chain link fence and all USA markings, restoring pavement surfaces to pre -construction conditions and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, delivering all required notifications; posting signs and all costs incurred notifying residents. In addition, this item includes, providing the traffic control required for the project including, but not limited to signs, cones, barricades, flashing arrow boards and changeable message signs, K-rail, temporary striping, flag persons, etc. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 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. 4 Sawcut, Remove and Reconstruct Concrete Vault Top Slab and Portion of Vault Side Walls (Lido Park Drive): Work under this item shall include, but not be limited to, sawcut a neat straight line around the perimeter of the existing concrete vault top slab, remove and dispose upper portions of the existing concrete vault, sidewalk and manhole frame and cover; protect in place the remaining P.C.C. vault walls, boardwalk and bulkhead (including vertical reinforcement); dowel epoxy coated #4 reinforcing rebars into existing concrete structure per Contract Drawings; reconstruct and extend vault side walls to top of P.C.C. vault deck; apply joint sealant per Contract Drawings along sawcut line; match adjacent improvements and all other related work items as required to complete the work in place. Item No. 5 Furnish and Install 18-Inch Fresno Series 4200 Type W Pressure Gate, non -rising stem: Work under this item shall include, but not be limited to, full compensation for furnishing the labor, materials, tools and equipment for procuring and delivering 18-inch Fresno Series 4200 W Pressure Gate to the site; installing pressure Page 13 of 41 gate, appurtenances to make required connections; testing and certifying the installation; setting up an operation demonstration by manufacture representative. The contractor should be aware that working in the storm drain system may be affected by surface, tidal and storm drain water. In addition, the contractor shall be responsible for verifying all dimensions and specifications for accurate placement and mounting of tide gate, and all other related work items as required completing the work in place. Item No. 6 Furnish and Install 36-Inch Waterman Series S45 Heavy Duty Sluice Gate: Work under this item shall include, but not be limited to, full compensation for furnishing the labor, materials, tools and equipment for procuring and delivering 36-inch Waterman Series S45 Heavy Duty Sluice Gate to the site; installing sluice gate appurtenances to make required connections; and all other items to complete work in place; testing and certifying the installation; setting up an operation demonstration by manufacture representative. The contractor should be aware that working in the storm drain system may be affected by surface, tidal and storm drain water. In addition, the contractor shall be responsible verifying all dimensions and specifications for accurate placement and mounting of tide gate, and all other related work items as required completing the work in place. Item No. 7 Furnish and Install Actuator, Motor and Controls: Work under this item shall include, but not be limited to, providing the labor, materials, tools and equipment to install the control complete and in place; full compensation for procuring and delivering AUMA Actuator SA/GS Series with KN coating and all connections for the electric motor operator components, #14 stranded copper conductors, and connections for controller to actuator, appurtenances to make required connections; and all other items to complete work in place; including testing and certification of installation, setup and operation by representatives from manufacturer. The motor, actuator and controls shall be connected to electrical service from the new pull box. Electric conduit/cable for the motor shall be new 1-1/4-inch flex conduit, #10 stranded copper (black, red & green) conductors, and shall have slack of additional 5 feet and be braced to the wall of the concrete vault for ease of future replacement. Item No. 8 Furnish and Install Myers Stainless Steel Electrical Meter Cabinet and Base Per SCE Plan and CNB STD 206: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for constructing a new P.C.C. base, furnishing and installing a new electrical meter cabinet per CNB STD 206 with all necessary electrical components; connecting all electrical wiring and all other work items as required to complete the work in place. This task shall also include coordinating with SCE as necessary to complete the work. Item No. 9 Furnish and Install New Electrical Pull Box Per SCE Plan and CNB STD 204: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing new electrical pull box per CNB STD 204 with all necessary electrical components; connecting all electrical wiring and all other work items as required to complete the work in place. Item No. 10 Furnish and Install Double Leaf Aluminum Access Doors: Work under this item shall include, but not be limited to, full compensation for procuring and Page 14 of 41 furnishing labor, materials, tools and equipment to install Type JD -AL (300 PSF) double leaf aluminum access doors as manufactured by BILCO with Type 316 stainless steel hardware, appurtenances to make required connections; and all other items to complete work in place. The contractor shall be responsible verifying all dimensions and specifications for accurate placement and installation of double leaf access doors, and all other related work items as required completing the work in place. Item No. 11 Catch Basin Face Plate Assembly and Protection Bar Per CNB STD 305-13: Work under this item shall include, but not be limited to, all labor and materials relating to installing catch basin face plate assembly and protection bar per CNB STD 305-B and all other work items as required to complete the work in place. Item No. 12 Remove Existing and Construct Catch Basin Per CNB STD 300: Work under this item shall include, but not be limited to, all labor and materials relating to saw -cutting a neat straight line in the existing sidewalk around the perimeter of the existing catch basin; protecting in place existing bulkhead; controlling ground and surface water; providing temporary and permanent support and protection of existing utilities; demolishing, removing and disposing the existing catch basin; reconstructing catch basin per CNB STD 300; grading and compacting subgrade, disposing of excess material, and all other work items as required to complete the work in place. Item No. 13 Construct Modified Local Depression Per CNB STD 306: Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing local depression, construct modified local depression per CNB STD 306, and all other work items as required to complete the work in place. Item No. 14 Furnish and Install 24-Inch Manhole Frame and Cover Per CNB STD 318: Work under this item shall include, but not be limited to all labor, tools, equipment and material costs for installation of a 24-inch diameter manhole frame and cover per CNB STD 318; grading and compacting subgrade; restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 15 Furnish and Install Steps for Manholes and Structures Per CNB STD 317: Work under this item shall include, but not limited to furnishing and installing steps for tide gate structure per CNB STD 317. Mounting holes shall be filled flush with hydraulic cement to the satisfaction of the Engineer. Item No. 16 Remove and Reconstruct 4-Inch Thick Concrete Sidewalk Per CNB STD 180: Work under this item shall include, but not be limited to, all labor and materials relating to saw -cutting a neat straight line to remove and dispose of the existing sidewalk, compacting subgrade, constructing 4-inch thick minimum sidewalk per CNB STD 180; matching adjacent improvements; protecting existing bulkhead; restoring all existing improvement damaged by the work, and all other work items as required to complete the work in place. Page 15 of 41 Item No. 17 Remove and Reconstruct 6-Inch Type "A" Concrete Curb and Gutter Per CNB STD 182: Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing curb and gutter, grading and compacting subgrade, constructing Type "A" P.C.C. curb and gutter per CNB STD 182; installing dowels, re -chiseling of curb face for exiting underground utilities; restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 18 Remove and Construct 6-Inch Thick Concrete Pavement Per CNB STD 108 and 109: Work under this item shall include, but not be limited to saw - cutting a neat and straight line at the existing joint line; constructing 6-inch thick concrete pavement per CNB STD 109; join and match concrete pavement at the existing joint line per CNB STD 108; all labor, tools, equipment and material costs for removing, hauling and disposing existing concrete or asphalt concrete pavement; grading and compacting subgrade; 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 3-Inch Diameter Schedule 80 P.V.C. Electrical Conduit with Pull Rope per SCE Plan, CNB STD 106-B and CNB STD 106-A: Work under this item shall include, but not be limited to all labor, tools, equipment and material costs to furnish and install a 3-inch diameter schedule 80 P.V.C. electrical conduit with necessary fittings and pull rope per SCE drawing number 1497804_0.01 (refer to Appendix B), CNB STD 106-B and CNB STD 106A; 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; restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Trench resurfacing shall conform to CNB STD 106-A. This shall also include coordinating with SCE for joining new meter. Item No. 20 Remove and Replace 18-Inch SDR 35 Polyvinyl Chloride (PVC) Pipe: Work under this item shall include, but not be limited to, providing all the necessary labor, equipment, and materials for installing an 18-inch SDR 35 PVC pipe to match existing storm drain pipe grade; remove and dispose existing 18-inch CAP; potholing and exposing utilities in advance of work; temporary and permanent support and protection of existing 4-inch side drain; excavating, temporary patching or plating; controlling ground and surface water; trenching, shoring, bracing, grading, compacting; installing external joint sealer; 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. 22 Remove Interfering 36-Inch ACP and Install 36-Inch HDPE Corrugated Dual Wall Pipe: Work under this item shall include, but not be limited to, providing all the necessary labor, equipment, and materials for removing and disposing interfering 36-inch ACP storm drain; furnish and install 36-inch HDPE corrugated dual wall pipe to match existing storm drain pipe grade; installing sealed water tight connection to existing storm drain; temporary and permanent support and protection of Page 16 of 41 existing utilities, potholing and exposing utilities in advance of work; controlling ground and surface water; restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 23 Remove Existing Storm Drain Outlet, Protecting Bulkhead As Required to Install Proposed Storm Drain: Work under this item shall include, but not be limited to, providing all the necessary labor, equipment, and materials for removing existing storm drain outlet; protecting bulkhead as required to install proposed storm drain; dry sack opening around pipe and protect remainder of bulkhead in place; protecting existing utilities and all other work items as required for performing the work complete and in place. Item No. 24 Construct Storm Drain Concrete Pipe Collar Per CNB STD 326: Work under this item shall include, but not be limited to, providing all the necessary labor, equipment, and materials for constructing storm drain pipe collar per CNB STD 326; backfilling and compacting excavation; restoring sand cover and all existing improvements damaged by the work; and all other work items as required for performing the work complete and in place. Item No. 25 Signage and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for painting red curb per Contract Drawings; relocating storm drain caution sign and attach to face of the concrete tide gate structure; installing new storm drain caution 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. 26 Provide Temporary Bulkhead, Manual Valve and Pumping: Work under this item shall include, but not be limited to, installing a temporary vault/trash pump and valve (plug) on the existing vault to allow working within the vault during tidal fluctuations. If the tide valve has to be left closed on valve/plug in place overnight or over the weekend, the contractor is responsible for furnishing, setting up and operating a trash pump as the bypass system. The trash pump shall be at least a 4-inch, 580 GMP unit. The outlet hose for the trash pump shall be setup not to erode sandy beaches 24 hours per day, 7 days a week and monitored by the Contractor. Approval by the Engineer does not in any way relieve the Contractor of its responsibilities provided for this item. All generators must use a whisper or quiet mode. Item No. 27 Provide As -Built Plans and Operation Maintenance Manual for each location (fixed): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as - built drawings and an Operation Maintenance Manual. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. The as - built drawings shall be submitted in accordance with Section 7-16 Contractor's Records/As-Built Drawings. The Operation Maintenance Manual shall include, but not be limited to, all the submittals relevant to the tide gates and actuators for each location, electrical schematics, shop drawings, serial numbers, model numbers, installation manual, operation instructions, maintenance schedule and procedures, and warranty information. The Operation Maintenance Manuals shall be provided in the Page 17 of 41 digital format (PDF file) and a hardcopy for each location. There are three (3) locations for this Contract; a total of three (3) hardcopy manuals shall be provided. An amount of $5,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings and the Operation Maintenance Manual for each location. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 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 marine grade, epoxy -coated steel conforming to ASTM A 934 or ASTM A 775 with 2-inch minimum cover unless shown otherwise on the plans. 201-5.6 Structural Repair Mortar Page 18 of 41 The cementitious mortar used for setting the new sluice gate shall be SikaTop 123 Plus or approved equal. SECTION 206 - MISCELLANEOUS METAL ITEMS 206-7 TIDE GATE 206-7.1 Waterman Industries The Contractor shall furnish and install a Waterman S45 series Heavy Duty Tide Gate (Sluice Gate) with 36-inch round opening (location: K Street) or Engineer approved equal. Contact: CS- Amsco, Juan Rivera at (714) 892-4200. 206-7.1.1 Waterman S45 Series Heavy Duty Tide (Sluice) Gate PART 1: GENERAL The following specifications are for Waterman Heavy Duty Tide Gate is presented as an aid to the contractor with additional information to meet specific needs. 1.01 SCOPE This section covers the Waterman S45 Series Heavy Duty Tide Gate non -rising stainless steel stem required on the project. The gate shall be furnished and installed complete with anchor bolts, operating stem, gate lift operator and other appurtenances as specified or needed to make a complete and operable installation. The gate, stems, lifts and other appurtenances shall be the size, type, material and construction as shown on the drawings and specified herein. The gates shall meet the requirements of AWWA Specifications C560 (latest revision) or as modified per these specifications and shall be Waterman Heavy Duty Sluice Gate, or approved equal. All component parts shall be of the type of material shown and interchangeable where size and material are the same without grinding, chipping or special fitting in the field. The gate shall be the product of one manufacturer having five or more years of experience in the manufacture of similar gates for similar use. All mating and sliding parts shall be fully machined. All sluice gate parts, including lift, shall be designed for the heads shown with a minimum safety factor of five. All materials used in the construction of the gates and appurtenances shall be the best suited for the application and shall be as specified herein: 1.02 SUBMITTALS Submittals shall be as specified herein and shall include as a minimum: 1. Shop Drawings 2. Manufacturer's operation and maintenance manuals and information; 3. Manufacturer's ins tallation certificate with serial and model numbers; 4. Manufacturer's equipment warranty; Page 19 of 41 5. Manufacturer's performance affidavit. 1.03 QUALITY ASSURANCE Qualifications 1. All of the equipment specified under this Section shall be furnished by a single manufacturer with a minimum of 5-years of experience designing and manufacturing cast iron tide ("sluice") gates. The manufacturer shall have manufactured cast iron slide gates for the type described herein for a minimum of 50 projects. 2. The project design is based on the Waterman Heavy Duty Cast Slide ("Sluice") Gate as manufactured by Waterman Industries of Exeter, California. Proposed alternates must be pre -approved, per addendum, at least 10-days prior to close of bid. Requests for alternates must be supplemented with detailed drawings, specifications and references. Any/all additional costs for structure modifications or other changes associated with utilizing a brand other than Waterman are to be borne by the contractor. Any savings shall be credited to the City. PART 2 EQUIPMENT 2.01 A. The gates shall be either self-contained with yoke and bench stand operators, or non -self-contained with separate stem guides and operator, in accordance with the requirements of these specifications. B. The gate is in compliance with the latest version of AWWA C 560. C. Specific configurations shall be as noted on the gate schedule or as shown on the plans. D. Materials: COMPONENTS MATERIALS Cast Iron — Frame, Cover Slide, Wall Thimbles Cast Iron (ASTM 126 Class B) Yokes Cast Iron (ASTM 126 Class B) Seats Naval Bronze ASTM B-21 — Alloy 482 Flush Bottom Seals Neoprene: ASTM D 2000 BC 615/625 Grade BE 625 Wedges and Stem Blocks Low -Zinc Bronze (ASTM B-98) Stems Stainless Steel: ASTM A-276, AISI Type 316 Stem cover Clear But rate With M lar Strip Page 20 of 41 Stem Guides Cast Iron (ASTM 126 Class B) Bronze Bushed Wall Brackets Steel (ASTM A-36) Pedestals Steel (ASTM A-36/A-53) Fasteners and Anchor Bolts Stainless Steel: ASTM A-593 and 594, Type 316 CW Finish Pol amide Epoxy 2.02 Frame and Guide Rails The frame and guide rails shall be cast one-piece construction or may have guides dowelled and bolted to the frame. Frames shall be of the standard flangeback or extended flange type with round or rectangular opening as indicated on the plans and in the sluice gate schedule. A machined dovetail groove for the mounting of the seat facings shall be provided on the front face of the frame around the full periphery of the opening. The frame shall be provided with cast -on pads which shall be machined, drilled, and tapped for the mounting of the wedge device. The back of the frame flange shall be machined to a plane and drilled to match the wall thimble, pipe flange, or anchor bolt pattern. Guide rails shall be of such length as to retain at least one-half of the vertical height of the slide when it is in the fully opened position. A groove running the full length of the guide rail shall be accurately machined to receive the slide tongue, with a nominal clearance of 1/16-inch. 2.03 Cover or Slide The cover shall be of one piece cast construction with vertical and horizontal ribs, a reinforced pocket to receive the thrust nut, pads to receive the wedges, and a reinforced periphery around the back side of the cover for machining of the dovetail grooves in which the seating faces shall be mounted. All wedge pads shall be machined, drilled and tapped to receive the wedge devices. The cover shall have fully machined tongues running the full length of each side to properly engage the guide rail grooves. A thrust nut shall be provided to attach the slide to the stem. For non -rising stems, the stem shall turn freely in the thrust nut, to open and close the slides as the stem is rotated. 2.04 Seating Faces All seating faces for both covers and frames shall be malleable extruded corrosion resistant material (see materials section) of a shape that will fill and permanently lock in the full width dovetail grooves of the slide and the frame. No other means of attachment will be allowed. They shall be machined to a 63 micro -inch finish, or better. 2.05 Wedges All wedges and wedge blocks shall be solid corrosion resistant material (see materials section) and shall be of sufficient number to provide a practical degree of water tightness. All wedge bearing surfaces and contact faces shall be machined to give maximum contact and wedging action. Wedges shall be fully adjustable, but Page 21 of 41 once set shall not rotate or move from the desired position. All fasteners and adjustment screws shall be corrosion resistant. 2.06 Self -Contained Gate with Non -Rising Stems When a self-contained gate is specified, a yoke shall be mounted on the machined pads provided on the upper ends of the guide rails. The yoke shall have a machined bearing surface for the lift nut or pedestal mounting plate. The thrust generated by gate operation shall be transferred to the yoke by the lift. The yoke shall be designed for the thrust produced by the actuator with a safety factor of five (5), based on the ultimate strength of the material used. 2.07 Flush Bottom Tide Gate When a flush bottom closure is specified, a resilient seal shall be attached to the frame so that it is flush with the invert. It shall be supported by a cast iron bracket which shall be bolted to machined pads provided on the frame. The seal shall be held in place by a bronze or stainless steel bar which shall be bolted through the seal to the bracket with stainless steel fasteners. 2.08 Wall Thimbles and Anchor Bolts Wall thimbles shall be provided with all gates except those to be mounted on pipe flanges or those gates to be attached to concrete headwalls with anchor bolts, as shown on the plans. Each thimble shall be of one-piece cast iron construction and of the section and depth as specified in the plans and gate schedule. There shall be integrally cast water stop around the periphery of the thimble. The front flange of the thimble shall be machined, drilled and tapped to receive the sluice & slide gate attaching studs. Bolt pattern shall match gate bolt pattern. After machining, the front flange shall be marked with vertical centerline and the word "top" for correct alignment. Large square and rectangular opening thimbles shall be provided with grout holes in the invert to permit entrapped air to escape. The holes shall be 1-1/2- inch in diameter, no more than two feet apart and shall be upstream and downstream of the water stop. A mastic type gasket shall be provided between the sluice & slide gate and the wall thimble. Anchor bolts shall be corrosion resistant. Tide gates mounted directly upon the headwall shall be sealed between the gate back and wall with a non -shrink grout. An additional thin layer of grease shall be placed on the back of the gate between the plate for ease of future replacement. See manufacturers detailed installation instruction. 2.09 Stems and Stem Couplings Operating stems shall be of a size to safely withstand, without buckling or permanent distortion, stresses induced by normal operating forces. Stems shall be fabricated from round bar stock of cold -finished steel, stainless steel or bronze, as shown on the plans or gate schedule and shall be provided with 290 modified or full acme threads. Stems composed of two or more sections shall be joined by bronze couplings threaded and keyed to stems, or couplings of the same material as the stems, pinned, bolted or welded and pinned to the stems. In section, couplings shall be stronger than the stems. Rising stems with manual lifts shall be provided with Page 22 of 41 adjustable limit nuts or stop collars above and below the floor stand lift nut to prevent over travel of the gate in either direction. 2.10 Stem Guides Stem guides and brackets shall be cast iron, with bronze bushings. Guides shall be adjustable in two directions and shall be so constructed that when properly spaced they will hold the stem in alignment and still allow enough play to permit easy operation. Stem guide spacing shall be as recommended by the manufacturer for the specific stem size, but in no case shall the length/radius of gyration (1/r) exceed 200. Brackets shall be attached to the wall by anchor bolts of sufficient strength to prevent twisting or sagging under load. 2.11 Manually Operated Lifts Tide (Sluice & Slide) gates shall be operated manually by handwheel or crank operated pedestal floor stands as required. Each lift shall be provided with a threaded cast bronze lift nut to engage the threaded portion of the stem. The lift nut shall have a machined flange, fitted above and below with thrust ball or roller bearings. Handwheel lifts shall be without gear reduction while crank operated lifts shall have either a single or double reduction. A maximum effort of 40 lbs. pull (25 lb. pull) on handwheel or crank shall operate the gates under the specified operating head. The gears, when required, shall be steel with machine -cut teeth. Pinion gears shall be supported by bronze bushings or roller bearings. The lift mechanism shall be totally enclosed within a cast iron housing adequately provided with lubrication fittings. The pedestal shall be structural steel or cast iron. The crank shall be of cast iron with a revolving brass handle and shall be removable. The crank shall be a maximum of 15-inch long. All lifts for rising stems shall be provided with a dial type position indicator and a galvanized steel stem cover or a transparent plastic stem cover with mylar strip position indicator. Non -rising stem gates shall be provided with a dial type position indicator unless extension stems, valve boxes, or T-handle wrenches make an indicator impractical. Handwheels and crank input shafts shall be approximately 36-inch from the operating floor unless otherwise shown. The word 'open" shall be cast onto the housing or handwheel indicating direction of rotation to open the gate. 2.13 Shop Testing The completely assembled gate and hoist shall be separately shop -operated to insure proper assembly and operation. The gate shall be adjusted so that a .004- inch thick gauge will not be admitted at any point between frame and cover seating surfaces. All gates and equipment shall be inspected and approved by a qualified shop inspector prior to shipment. 2.14 Warranty Upon acceptance of the tide gate (sluice & slide gate), operator and controls by the Engineer, provide a one year minimum full labor and materials warranty of the installation, setup and operation of the sluice & slide gate, operator and controls. The warranty shall be limited to replacement and repair of products installed. Page 23 of 41 PART 3 Storage and Installation A. Installation of the slide gates shall be done in a workmanlike manner. It shall be the responsibility of the CONTRACTOR to handle, store, and install the equipment specified in this Section in strict accordance with the Manufacturer's recommendations. B. The CONTRACTOR shall review the installation drawings and installation instructions prior to installing the slide gates. C. The slide gate frames shall be installed in a true vertical plane, square and plumb, with no twist, convergence or divergence between the vertical legs of the guide frame. D. The CONTRACTOR shall fill any void between the guide frames and the structure with non -shrink grout in accordance with the grout manufacturer's recommendations. E. Sluice & slide gates and equipment shall be stored and installed in accordance with the installation manual furnished by the gate manufacturer. After installation the completely assembled gate, stem, guides and lift shall be operated through one full cycle to demonstrate satisfactory operation. Such adjustments as necessary will be made until operation is approved by the engineer. The gate shall be subjected to leakage tests and pass the standard requirements for maximum leakage as specified in AWWA standards AWWA-0560. 206-7.2 Fresno Valves & Castings, Inc. The Contractor shall furnish and install a Fresno Series 4200 Type W Pressure Gate (Slide Gate) with 18-inch (location: Lido Drive and E Street) or Engineer approved equal. Contact: Fresno Valves & Casting, Inc., Rich Korbe at (559) 834-2511 x 163 206-7.2.1 Series 4200 Type W Pressure Gate (Slide) Gate PART 1: GENERAL Fresno Valves & Castings' products are precision machined, shop adjusted, and quality checked water control equipment, intended for low leakage characteristics. Although durably constructed, attention must be given to proper storage, careful handling, and accurate location of embedded items for the gate structures to operate as designed. The following specifications are for Fresno Series 4200 Type W Pressure Gate (Slide) is presented as an aid to the contractor with additional information to meet specific needs. Page 24 of 41 1.01 SUBMITTALS Submittals shall be as specified herein and shall include as a minimum: 1. Shop Drawings 2. Manufacturer's operation and maintenance manuals and information; 3. Manufacturer's installation certificate with serial and model numbers; 4. Manufacturer's equipment warranty; 5. Manufacturer's performance affidavit. 1.02 QUALITY ASSURANCE Qualifications 1. All of the equipment specified under this Section shall be furnished by a single manufacturer with a minimum of 5-years of experience designing and manufacturing cast iron tide gates. The manufacturer shall have manufactured cast iron slide gates for the type described herein for a minimum of 50 projects. 2. The project design is based on the Fresno Series 4200 Type W Pressure Gate as manufactured by Fresno Valves & Castings, Inc. of Selma, California. Proposed alternates must be pre -approved, per addendum, at least 10-days prior to close of bid. Requests for alternates must be supplemented with detailed drawings, specifications and references. Any/all additional costs for structure modifications or other changes associated with utilizing a brand other than Waterman are to be borne by the contractor. Any savings shall be credited to the City. PART 2 2.01 EQUIPMENT A. The gates shall be either self-contained with yoke and bench stand operators, or non -self-contained with separate stem guides and operator, in accordance with the requirements of these specifications. B. Specific configurations shall be as noted on the gate schedule or as shown on the plans. C. Materials: COMPONENTS MATERIALS / SPECIFICATION Frame Cast Iron (ASTM 126 Class B) Bar Cast Iron (ASTM 126 Class B) Slide Cast Iron (ASTM 126 Class B) Lift Nut Brass ASTM B584, C93200 Page 25 of 41 Screw Brass ASTM B584, C93200 Screwhead Cast Iron (ASTM 126 Class B) Handwheel w/Knob Cast Iron (ASTM 126 Class B) Collar Bolts/Nuts Steel, Plated ASTM A307, A164 Side Angle, Left Steel, Galvanized ASTM A36 Side Angle, Right Steel, Galvanized ASTM A36 Stop Cast Iron (ASTM 126 Class B) Set Screw Cast Iron (ASTM 126 Class B) Roll Pin Cast Iron (ASTM 126 Class B) Headbar Cast Iron (ASTM 126 Class B) Collar Cast Iron (ASTM 126 Class B) Headbar, Bolts/Nuts Steel, Plated ASTM A307, A164 Frame, Bolts/Nuts Steel, Plated ASTM A307, A164 Handle Extension Steel, Carbon ASTM A307, A164 2.02 Frame and Guide Rails Rugged Cast Iron frame for long life. ALL hardware (fastener, Anchor bolts) shall be stainless steel. 2.03 Cover or Slide Convex slide for greater strength. A cast iron collar shall be provided to attach the slide to the stem and the thrust nut shall be brass. The stem shall turn freely in the collar, to open and close the slides as the stem is rotated. 2.04 Seating Faces Precision ground seats for watertight operation. Single center wedge design distributes uniform pressure at the seating surface. Check seating face contact or clearance with a 0.004-inch thickness gauge. If areas with gaps of significantly more than 0.004-inch exist, the seat has been distorted during installation. This can be corrected by either remounting of loosening bolts and moving the seat into contact with the cover (slide). All seating faces for both covers and frames shall be malleable extruded corrosion resistant material (see materials section). 2.05 Wedges Page 26 of 41 Single center wedge design distributes uniform pressure at the seating surface. All wedges and wedge blocks shall be solid corrosion resistant material (see materials section) and shall be of sufficient number to provide a practical degree of water tightness. All wedge bearing surfaces and contact faces shall be machined to give maximum contact and wedging action. Wedges shall be fully adjustable, but once set shall not rotate or move from the desired position. All fasteners and adjustment screws shall be stainless steel. 2.06 Self -Contained Gate with Non -Rising Stems Bronze stem provides smooth operation and corrosion resistance. 2.07 Anchor Bolts Anchor bolts shall be stainless steel all thread J- Hook bolts and shall be corrosion resistant. 2.08 Stems and Stem Couplings Operating bronze stems shall be of a size to safely withstand, without buckling or permanent distortion, stresses induced by normal operating forces. Stems shall be non -rising bronze stems. Stem operating threads must be greased on a regular basis to maintain operating efficiency. The stem should be regreased approximately every 6 months. Regreasing of the lift bearings and/or gears through the zerk fitting is also required every 100 cycles or 6 months. Non -rising stems with manual lifts shall be provided with adjustable limit nuts or stop collars above and below the floor stand lift nut to prevent over travel of the gate in either direction. 2.10 Manually Operated Lifts Manually operated lifts shall be cast iron. 2.11 Shop Testing The completely assembled gate and hoist shall be separately shop -operated to insure proper assembly and operation. The gate shall be adjusted so that a .004" thick gauge will not be admitted at any point between frame and cover seating surfaces. All gates and equipment shall be inspected and approved by a qualified shop inspector prior to shipment. 2.12 Warranty Upon acceptance of All products sold and/or manufactured by Fresno Valves & Castings, Inc. are warranted to be free of defects in material and workmanship for a period of one year from the date of delivery unless otherwise specified. No warranty will extend beyond the description of goods sold on the "Company" invoice. Except as expressly provided herein, all warranties expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose or use, are hereby excluded and disclaimed. The buyer assumes all risk and liability resulting from use of products purchased. Any misuse, neglect, modifications or use for purposes not approved by the "Company" shall completely void any warranty claim. The "Company" at its sole discretion shall have the option to repair or replace, part or all of the defective product or provide full or partial refunds for same. Any warranty claim must be made in writing within the applicable warranty period and Page 27 of 41 postmarked within 30 days after the discovery of the defect. Warranty does not include any installation or transportation costs, which must be borne by the purchaser. Address all warranty claims to: Fresno Valves & Castings, Inc. 7736 East Springfield Avenue P.O. Box 40 Selma, CA 93662-0400 PART 3 Storage and Installation A. Installation of the slide gates shall be done in a workmanlike manner. It shall be the responsibility of the CONTRACTOR to handle, store, and install the equipment specified in this Section in strict accordance with the Manufacturer's recommendations. B. The CONTRACTOR shall review the installation drawings and installation instructions prior to installing the slide gates. C. The slide gate frames shall be installed in a true vertical plane, square and plumb, with no twist, convergence or divergence between the vertical legs of the guide frame. D. The CONTRACTOR shall fill any void between the guide frames and the structure with non -shrink grout in accordance with the grout manufacturer's recommendations. E. Sluice & slide gates and equipment shall be stored and installed in accordance with the installation manual furnished by the gate manufacturer. After installation the completely assembled gate, stem, guides and lift shall be operated through one full cycle to demonstrate satisfactory operation. Such adjustments as necessary will be made until operation is approved by the engineer. The gate shall be subjected to leakage tests. Allowable leakage through gates may be between 0.1 to 0.4 gallons per minute per linear foot of seating perimeter at pressure up to the gate rating. If the rated head is exceeded or installation and adjustment is not correct, more leakage shall be rectified by the CONTRACTOR. F. For additional Installation procedures and Operation/Maintenance guidelines, please refer to Appendix A, Installation, Operation & Maintenance Manual. 206-8 ALUMINUM DOUBLE LEAF HATCH The Contractor shall furnish and install double leaf access door hatch Type JD -AL (300 PSF) as manufactured by BILCO, (at K Street) or Engineer approved equal. Hatch shall Page 28 of 41 have diamond pattern equipped with lift assistance. All hardware/accessories/hinges shall be constructed of Type 316 stainless steel. For more information, please visit our website www.bilco.com or call 1-800-366-6530. PART 1: GENERAL The following specifications are for BILCO Type J-AL Aluminum Double Leaf Hatch door is presented as an aid to the contractor with additional information to meet specific needs. 1.01 SCOPE This section covers the BILCO Type J-AL Aluminum Double Leaf Hatch door required on the project. Locking device shall be the recessed type capable of inserting pad lock within a hinged cover. BILCO Type J-AL floor access doors are constructed with a channel frame for use in exterior applications or in those situations where there is concern of water or other liquids entering the access opening. Type J-AL floor access doors feature aluminum construction and engineered lift assistance for easy one -hand operation. Available in a number of standard sizes and special sizes can be specified to meet unique access requirements. 1.02 SUBMITTALS Submittals shall be as specified herein and shall include as a minimum: 1. Shop Drawings a. Profiles; b. Accessories; c. Location; d. Adjacent construction interface; e. Dimensions; 2. Manufacturer's product data; 3. Manufacturer's standard warranty; 4. Manufacturer's performance affidavit. 1.03 QUALITY ASSURANCE 1. All of the materials specified under this Section shall be furnished by a single manufacturer with a minimum of 5-years of experience designing and manufacturing floor access doors. 2. The Contractor shall have a minimum of 2-years of experience installing similar products. 3. The project design is based on the BILCO Type J-AL Aluminum Double Leaf Hatch door as manufactured by BILCO Company, New Haven, Connecticut. Proposed alternates must be pre -approved, per addendum, at least 10-days prior to close of bid. Requests for alternates must be supplemented with detailed drawings, Page 29 of 41 specifications and references. Any/all additional costs for structure modifications or other changes associated with utilizing a brand other than Waterman are to be borne by the contractor. Any savings shall be credited to the City. 1.02 DELIVERY, STORAGE AND HANDLING Deliver products in manufacturer's original packaging. Store materials in a dry, protected, well -vented area. Inspect product upon receipt damaged material immediately to delivering carrier and note such damage on the carrier's freight bill of lading. 1.03 WARRANTY Provide manufacturer's standard warranty. Materials shall be free of defects in material and workmanship for a period of twenty-five (25) years from the date of purchase. Should a part fail to function in normal use within this period, manufacturer shall furnish a new part at no cost to the City. PART PRODUCTS 2.01 MANUFACTURER 1. Basis -of -Design Manufacturer: Type J-AL Access Door by The BILCO Company The BILCO Company P.O. Box 1203 New Haven, CT 06505 1-800-366-6530 Fax: 1-203-535-1582 www.bilco.com 2.02 ACCESS DOOR 1. Furnish and install where indicated on plans vault access door Type J- AL, size 3-foot (width) x 4-foot (length). Length denotes hinge sides. The floor access door shall be double leaf and pre -assembled from the manufacturer 2. Performance Characteristics: a. Cover: Shall be reinforced to support a minimum live load of 300 psf (1464 kg/mz) with a maximum deflection of 1/150th of the span. b. Operation of the cover shall be smooth and easy with controlled operation throughout the entire arc of opening and closing. c. Operation of the cover shall not be affected by temperature. d. Entire door, including all hardware components, shall be highly corrosion resistant. Page 30 of 41 3. Cover: Shall be %-inch (6mm) aluminum diamond pattern. 4. Frame: Channel frame shall be extruded aluminum with bend down anchor tabs around the perimeter. 5. Hinges: Shall be specifically designed for horizontal installation and shall be through bolted to covers with tamperproof Type 316 stainless steel lock bolts and shall be through bolted to the frame with Type 316 stainless steel bolts and locknuts. 6. Drain Coupling: Provide a 1 '/z-inch (38mm) drain coupling located in the right front corner of the channel frame (note: can be placed at a different location if specified). The drain coupling shall be routed 90 degrees into the vault, please see BILCO door detail per Contract Drawings. 7. Lifting mechanisms: Manufacturer shall provide the required number and size of compression spring operators enclosed in telescopic tubes to provide, smooth, easy, and controlled cover operation throughout the entire arc of opening and to act as a check in retarding downward motion of the covers when closing. The upper tube shall be the outer tube to prevent accumulation of moisture, grit, and debris inside the lower tube assembly. The lower tube shall interlock with a flanged support shoe fastened to a formed %-inch (6mm) gusset support plate. 8. A removable exterior turn/lift handle with a spring loaded ball detent shall be provided to open the cover and the latch release shall be protected by a flush, gasketed, removable screw plug. 9. Hardware: a. Hinges: Heavy forged Type 316 stainless steel hinges, each having a minimum 1/4" (6mm) diameter Type 316 stainless steel pin, shall be provided and shall pivot so the covers do not protrude into the channel frame. b. Cover shall be equipped with a hold open arm which automatically locks each cover in the open position. c. Cover shall be fitted with the required number and size of compression spring operators. Springs and spring tubes shall be Type 316 stainless steel. d. A Type 316 stainless steel snap lock with fixed handle shall be mounted on the underside of one cover. e. Hardware: Shall be Type 316 stainless steel throughout. 10. Finishes: Factory finish shall be mill finish aluminum with bituminous coating applied to the exterior of the frame. PART 3 EXECUTION 3.01 EXAMINATION Page 31 of 41 Examine substrates and openings for compliance with requirements for installation tolerances and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.02 INSTALLATION 1. Install products in strict accordance with manufacturer's instructions and approved submittals. Locate units level, plumb, and in proper alignment with adjacent work. a. Test Units for proper function and adjust until proper operation is achieved. b. Repair finishes damaged during installation. c. Restore finishes so no evidence remains of corrective work. 3.03 ADJUSTING AND CLEANING 1. Clean exposed surfaces using methods acceptable to the manufacturer which will not damage finish. 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. SECTION 218 — ELECTRICAL COMPONENTS 218-1 SLUICE GATE ELECTRICAL COMPONETS 218-1.1 Gate Operators The Contractor shall remove existing gate actuator, motor and operator then furnish and install actuator, motor and controller fabricated by AUMA Actuators, Inc. SAGS Series with AUMA KN coating or Engineer approved equal. Type shall be per the specifications of Waterman Industries. Contact: CS- Amsco, Juan Rivera at (714) 892-4200. Page 32 of 41 218-1.2 Electric Valve Actuators and Tide Gate Operator Controls 218-1.2.1 Electric Valve Actuators A. Equipment Requirements: The actuators shall be suitable for use on a 120 volt 1 phase 60 Hz power supply and must include motor, integral reversing starters, local controls and terminals for remote control and indication housed within a self-contained, sealed enclosure. B. Actuator sizing: The actuator shall be sized to guarantee valve closure at the specified torque requirement as indicated by the valve supplier. The actuator must be adequately sized to provide the torque required to operate the valve at 90- percent of the nominal voltage. C. Environmental Actuators shall be suitable for indoor and outdoor use. The actuator shall be capable of functioning in an ambient temperature ranging from -20OF to +160°F in open/close service and -20OF to +140°F in modulating service, up to 100-percent relative humidity. Furthermore, the actuator shall be coated by AUMA KN Coating. D. Enclosure Actuators shall be 0-ring sealed, watertight to NEMA 4X. Actuators shall be 0-ring sealed, watertight to NEMA 4X/6 and submersible to IP 68-8 (26 feet (8meters) for 96 hours)) in accordance with EN 60529. E. Motor The electric motor shall be Class F insulated, with a duty rating of at least 15 minutes at 1040F (400C). The actuator must include a device to ensure that the motor runs with the correct rotation for the required direction of valve travel regardless of the connection sequence of the power supply. F. Motor protection The following criteria shall be provided for motor protection: 1) The motor shall be de -energized without damage in the event of a stall condition when attempting to move a jammed valve. 2) The motor shall be de -energized in the event of an overtorque condition. 3) A minimum of three thermal devices imbedded in the motor windings shall be provided to de -energize the motor in case of overheating. 4) Lost phase protection G. Gearing The actuator gearing shall be totally enclosed in a grease -filled cast iron gearcase suitable for operation in any orientation. Actuator gearing shall be hardened steel with alloy bronze worm wheel. The design should permit the Page 33 of 41 opening of the gearcase for inspection or disassembly without releasing the stem thrust or taking the valve out of service. Electric actuators shall be provided with worm gearboxes. H. Manual operation Manual operation shall be by handwheel. Manual operation shall utilize the actuator worm shaft/worm wheel to maintain self-locking gearing and to facilitate changeover from motor to manual operation when the actuator is under load. Return from manual to electric mode of operation will be automatic upon motor operation. A seized or inoperable motor shall not prevent manual operation. I. Valve position and torque calibration Limit switches shall be furnished at each end of travel. Limit switch adjustment shall not be altered by manual operation. One set of normally open and one set of normally closed contacts will be furnished at each end of travel where indicated. Mechanically operated torque switches shall be furnished at each end of travel. Torque switches will trip when the valve load exceeds the torque switch setting. 218-1.2.2 Electric Actuator Control A. Controls All actuators will be furnished with integral actuators / motor controls. It shall be possible to re -position the integral controls at 90 degree increments, so that the push buttons and indication lights will face the operator. B. Control components The following components/features shall be included with the integral controls: 1) Reversing contactors (mechanically and electrically interlocked). 2) Internal power supply / transformer for control power. 3) Control and signal voltage shall be 110 V AC as indicated, internally or externally supplied. 4) Programmable control logic 5) Automatic phase correction 6) Control system interface by one of two modes as follows: a. Control by contact closure / discrete input signals via OPEN -STOP - CLOSE signals (either 24 V DC or 115 V AC as indicated). b. A cover shall be provided for any control over 24 V DC to ensure "touch safe" precautionary measures. c. Control by analog signal via positioner board capable of accepting a 4- 20mA DC command signal and positioning the valve by comparing the command signal with the present valve position as indicated by the Page 34 of 41 feedback potentiometer mounted inside the actuator. The positioner shall be field adjustable to fail to the "open", "closed" or "last" position on loss of analog (i.e. 4-20mA DC) command signal. C. Local controls Local controls with 'OPEN - STOP - CLOSE' pushbutton type controls and a lockable selector switch with 'LOCAL - OFF - REMOTE' function. Local controls shall be supplied with indicating lights green for'OPEN', yellow for'FAULT' and red for'CLOSED'. D. Output signals and for remote indication The following output signals shall be furnished for remote indication: 1) Output signals from selector switch when switch is in LOCAL or REMOTE positions via potential -free contacts. 2) Signals for end -of -travel positions OPEN and CLOSED shall be via potential -free contacts. 3) Monitor relay for collective fault signal (power failure, phase failure, thermal switch tripped and torque switch tripped in mid travel) shall be provided. E. Remote controls Local controls with 'OPEN - STOP - CLOSE' momentary pushbutton type controls and a lockable selector switch with 'LOCAL - OFF - REMOTE' function. Remote controls shall be supplied with indicating lights green for 'OPEN', yellow for'FAULT' and red for'CLOSED'. 218-1.2.3 Electric Actuator Manufacturers All actuators, motor and controls shall be manufactured by AUMA Actuators, Inc. 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 Page 35 of 41 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. SECTION 302 - ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional Portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION Page 36 of 41 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. 303-5.5 Finishing 303-5.5.2 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. 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 200 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 Page 37 of 41 alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City "PERMIT PARKING ONLY" signs are available from the Engineer. In addition to the 10-day and 48-hour notices described above, the Contractor shall hand out two temporary parking permits to each residence adjacent to the alley construction. Temporary parking permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected Page 38 of 41 establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) 601-2.1 W.A.T.CH. (only) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. 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. 6. 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. 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. Page 39 of 41 APPENDIX A — FRESN_O INSTALLATION. OPERATION & MAINTENANCE MANUAL Page 40 of 41 SERIES 4200 TYPE W PRESSURE GATE Installation, Operation & Maintenance Manual Manufactured by: FRESNO Valves & Castings, Inc. Fresno Valves & Castings, Inc. Selma, CA (800) 333-1658 The purpose of this booklet is to give information on Fresno Valves & Castings' Type W Pressure Gates. These gates were accurately machined, assembled, and inspected before leaving the fac- tory. The mounting method covered in this manual is as follows: • Flat back gate with setting collar for easy installation in concrete pipe. • Flat Back gate mounted on flat surface or head wall. (Flat back gate may have the mounting flange machined at extra cost for mounting on flat machined round flanges.) CAUTIONARY STATEMENT FOR INSTALLATION MANUAL This manual describes the recommended procedures for installation, adjustment, operation and maintenance of Fresno Valves & Castings' Pressure Gates. When it is used in conjunction with installation drawings that have been supplied by Fresno Valves & Castings', this manual will be sufficient for most installations. Proper care and precautions must be taken in handling and storing the gates at the delivery site. For further details on the handling, storing, and installation of gates for a specific project, contact Fresno Valves. Fresno Valves & Castings, Inc. 7736 East Springfield Avenue P.O. Box 40 Selma, CA 93662-0040 (800) 333-1658 Valves & Castings, Inc. E DO'S & DON'TS In order for you to complete this installation in the most effective manner, we recommend that the personnel responsible for installation of the gates study these instructions and the Installation, Op- eration and Maintenance Manual before the gate shipment arrive, and follow the directions carefully during installation. Fresno Valves & Castings' products are precision machined, shop adjusted, and quality checked water control equipment, intended for low leakage characteristics. Although durably constructed, at- tention must be given to proper storage, careful handling, and accurate location of embedded items for the gate structures to operate as designed. INSTALLATION Some DO'S and DON'TS to assure your achieving a proper gate installation: DO read and follow the Installation, Operation and Maintenance Manual instructions. DO carefully inspect the gates and accessories when received, prior to unloading trucks or cars. Report ALL shortages or suspected damage by marking the Bill of Lading and Receiving Reports at this time. Shortage or Damage must be reported to the freight carrier with 30 days. DO store gates evenly on planks or timbers. Even the heaviest castings are subject to permanent warpage if unevenly blocked during storage. DO accurately locate and brace any embedded items during placement of concrete. DO contact your Fresno Valves representative with any questions you may have regarding products. Fresno Valves' products benefit from a combined gate design and manufac- turing experience of over 100 years - 70 plus of Armco and 30 - plus of Fresno Valves and Castings, Inc., a treasured background of expertise and development. DON'T stack gates in unstable and unevenly supported stacks. Avoid stacks taller than gate is wide. DON'T disassemble' the gates for installation. DON'T allow excess concrete to overlap gate thimble or frame. DON'T tighten nuts for studs or anchors unevenly, or try to pull a gate frame tightly against an uneven wall surface. This, in most cases, will cause excessive leakage. 3 PROCEDURE A INSTALLING FLAT BACK GATE ON CONCRETE WALL WITH GROUT PAD 1. Cast anchor bolts in concrete wall according bolt location on gate or as shown on installation drawing of catalog data page. A. Flat back gates can be mounted on existing walls by installing epoxy grouted or chemical adhesive anchors. Expansion type anchors are not recommended since they generally do not have enough thread length for grout, nut and gate flange. 2. Run a nut on each anchor as far as they will go. 3. Mount assembled gate over anchor bolts. 4. Install second nut on each anchor. 5. Be sure gate is fully closed with seat and wedges making firm contact. Check seating face alignment and clearance. Open and reclose gate. Seating faces should match at the top and bottom. Seats and wedges should make firm contact. If not, loosen the bolts or caps screws holding the stops to the frame and slide or drive the wedge block up or down as required. CAUTION slightly loosen stop bolts, just enough to allow stop block to be moved. Loosening too much will result in damage or improperly adjusted gate. Check seating face contact or clearance with a 0.004 inch thickness gauge. If areas with gaps of significantly more than 0.004 inches exist, the seat has been distorted during installation. This can be corrected by either remounting of loosening bolts and moving the seat into contact with the cover (slide). 6. Plumb and align gate. Run both front and back nuts into snug contact with gate seat being care- ful not to warp or distort gate seat. Tighten nut firmly.. 7. Recheck seat contact. (See step #5 above.) Pack space between gate and wall with "non -shrink" grout. Do not use expanding grout since damage to gate will occur. Use a cement -based "non -shrink" grout such as U.S. Grout BACKA�iCHORIjC7LT NLT Corporation's "S Star Grout". GROUT • . As an alternative that is readily available, Quikrete commercial grade nonshrink CONCRIIT grout may be used. "FL.AT BACK FRAME SIDE GUIDE ANGLE il LEAKAGE Allowable leakage through gates may be between 0.1 to 0.4 gallons per minute per linear foot of seating perimeter at pressure up to the gate rating. If the rated head is exceeded or installation and adjustment is not correct, more leakage must be expected. MAINTENANCE & LUBRICATION Lubrication and maintenance of the gate seating faces and wedges is usually not required. However a light film of grease on the iron seating faces to prevent rust prior to "watering up" the gate is a good idea. Inspection of the gate, seating faces, and wedges as site conditions permit along with cleaning and repainting will improve the gate's service life. Stem operating threads must be greased on a regular basis to maintain operating efficiency. The stem should be regressed approximately every 100 cycles or every 6 months. Regreasing of the lift bearings and\or gears through the zerk fitting is also required every 100 cycles or 6 months. MAINTENANCE SUMMARY AND LUBRICATION SHEET 1. GENERAL CLEANING AND INSPECTION Frequency: As often as conditions require or permit, or every year. 2. INSPECT STEM THREADS AND LIFT NUT FOR WEAR Frequency: Initial inspection after 24 cycles, subsequent inspection after 48 cycles, opera- tional inspection after each 100 cycles, or every 6 months, whichever occurs first. 3. CHECK STEM FOR LUBRICANT, ADDING LUBRICANT IF NECESSARY After 100 cycles, or every 6 months, whichever occurs first. Fiske Brothers "Lubriplate No. 630 AAA", or a good grade of multipurpose grease.* When grease is dried and\or contains foreign material. 4. PRESSURE GREASING OF LIFT THROUGH THE GREASE FITTINGS Frequency: After each 100 cycles, or 6 months, whichever occurs first. *Equivalents to Fiske Brothers "Lubriplate No. 630 AAA or AA." Conoco's "All Purpose Superlube" Texaco's "Multi Fak Heavy Duty No. 2" Shell Oil Company's "Alvania NO. 1" Mobil's "Mobilux EP2" Fiske Brothers "Lubriplate No. 630 AX Exxon "Ronex MP" TROUBLESHOOTING EXCESS LEAKAGE & OPERATING DIFFICULTIES POSSIBLE CAUSES AND CORRECTIONS Leakage all around: A. Gate not completely and firmly closed: Close gate completely. B. Head pressure exceeds rating: Reduce head or instal gate of correct rating. C. Stops incorrectly adjusted: Readjust according to step #4 Procedure "A". D. Dirty seating faces: Clean the seats or exercise the gate against head to scrape and flush dirt. Leakage behind gate: A. Grout not sealing: Regrout or caulk B. Anchor bolt not tight or uniformly tight: Retighten C. Gasket or mastic inadequately squeezed or washed-out: Reinstall mastic and readjust gate Leakage around bottom of gate: A. Gate seat distorted: Loosen anchor bolts and shim or wedge seat into contact with cover (slide) Leakage around top of gate: A. Gate seat distorted: Loosen anchor bolts and shim or wedge seat into contact with slide B. Gate closed too tightly with stem causing distortion of the slide: Back of operator handwheel or crank a fraction of a turn to relax the stem. Do not pull gate out of wedges. Difficult to close or open gate: A. Dry or dirty stem and lift: Clean and lubricate stem and lift. (See Maintenance & Lubrication Summary Sheet) B. Trash and debris in gate: Clean and remove; try to flush or break up by cautiously opening and closing the gate. C. Excess head pressure: Reduce head or install gate of proper rating. D. Dirty seating faces: Clean the faces or exercise the gate against head to scrape and flush the dirt. E. Bent or bending stem: Check tightness of stem guide of check for missing stem guides, straighten or replace stem. F. Stem and lift misaligned: Check plumb and alignment with level, plumb line and tape measure. Stem must move through lift mechanism in a straight line. G. Bent or damaged frame; causing binding: Straighten or replace gate or parts. H. Broken gate parts, wedges cross bar etc., caused by over pressure, debris or abusive closing force: Replace parts or gate. Handwheel turns but gate or stem doesn't move A. Worn out lift nut threads: Replace lift nut. Perform routine maintenance and lubrication. B. Stem separated or disconnected from gate caused by excessive force: Replace stem or broken parts. 0 LONG TERM STORAGE INSTRUCTIONS FOR GATES AND ACCESSORIES 1. Gate assemblies shall be stored horizontal and flat, with the back side (flange side) down. The storage area must be flat, graded, compact soil; concrete; or asphalt. 2. Place timber (minimum 4" X 4") to provide substantially complete perimeter support under the gate frame assembly. Longitudinal timbers, spaced a maximum of 4 feet, may also be used. 3. Stacking of gates is permissible. The stacked height should not exceed 3/4 of the bottom gate width or height. Stack gates of different sizes in a pyramid fashion. Do not stack large gates on top of smaller gates. 4. Stacked gates should be separated with timber. The separating timbers should form a flat and level base for the gate above. 5. Wall thimbles may be stored similar to above. They may be stored with the machined flange face up or down. Substantial level blocking is essential. Uneven support of gate assemblies and thimbles causes the gates or thimbles to warp and voids the manufacturer's warranty. 6. Store lift assemblies either upright with plastic plugs/caps in place to keep dirt our of nut threads or leave in original shipping carton. Do not store the lifts directly on the ground. 7. Stems and stem covers should be stored horizontally on timbers spaced 4 to 8 feet apart. Protective sleeves should be left on stem threads and stem covers. 8. Miscellaneous accessories and hardware should be stored off the ground. 9. Bronze stem blocks, wedges, lift nuts and stainless steel accessories are targets for theft and resale as scrap. Report all shortages at once and note the same on all shipping papers. Hydro Gate cannot be held responsible for theft and loss of equipment stored on the job site. 10. Inside dry storage is the best for all equipment. Covering equipment stored outside with tarpaulins is recommended to minimize degradation of paint from rain and sunlight, until finish paint is applied. Uncovered outdoor storage may result in staining of painted surfaces from rain and sunlight. 7 Valves & Castings, Inc. Fresno Valves & Castings, Inc. 7736 East Springfield Avenue P.O. Box 40 Selma, CA 93662-0040 (800) 333-1658 www.FresnoValves.com APPENDIX B — SCE APPROVED PLAN FOR K STREET TIDE GATE Page 41 of 41