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C-3186 - Green Acres Reclaimed Water Project - Big Canyon and Newport Beach Country Club Pump Stations
• CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 3,1999 F. T. Ziebarth Company P. O. Box 4173 Fullerton, CA 92834 Subject: Green Acres Reclaimed Water Project Big Canyon and Newport Beach Country Club Pump Stations, (C -3186) To Whom It May Concern: On September 27,1999, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on September 29, 1999, Reference No. 19990693746. The Surety for the contract is Insurance Company of the West, and the bond number is 149- 32 -30. Enclosed are the bidders bond, the labor & materials payment bond and the faithful performance bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Michael J. Sinacori, Utilities Engineer encl. 3300 Newport Boulevard, Newport Beach PAGE 4 CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS CONTRACT NO. 3186 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 fumly bound to the City of Newport Beach, a charter city, in the principal sum of 108 OF AMOUNT BID dollars (s o% of p be paid and forfeited to the City of Newport Beach if the bid proposal -of the undersigned ncipal for the construction of Green Acres Reclaimed Water Project Big Canyon and Newport Beach Country Club Pump Stations, Contract No. 3186 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 duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice 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 17TH day of APRIL 19 98 F.T. ZIEBARTH COMPANY Name of Contractor (Principal) A d Signaturerrdle R.P. IEBARTH, VICE- PRESIDENT INSURANCE COMPANY OF THE WEST Name of Surety - 17852 E. 17th st., #111 TUSTIN; CA 92780 Address of Surety (714) 832 -9900 Telephone Signature MATTHEW C. WELTY, ATTORNEY IN FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL- PURPOSEIOANOWLED©MENT • State of California County of Orancre On before me, Diane M- Paull, Notary Public p TE NAME, TITLE OF OFFICER- E.G.. 'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared R.P. Ziebarth , NAME(S) OF SIGNER(S) R3 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person*) whose name(:a) is /mm subscribed to the within instrument and ac- knowledged to me that he /xk=6beF executed the same in his/lecm%IWft authorized y�•»..oet' capacity(*ux), and that by his/ t DIANE M. PAUIU COMM N 1041439 D signature(s) on the instrument the person6Q, uJ : a ' NO' ARY PUBLIC - CALIFORNIA m or the entity upon behalf of which the ^P' ORANGE COUNTY 3 Nry C9mml person(* acted, executed the instrument. t - sslon Ezplros Juy 30, 1998 WITNESS my hand and official seal SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL KI CORPORATE OFFICER Vice President TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENnTY(IFS) F.T. ZIEBARTH COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184 STATEOF CALIFORNIA COUNTYOF On APRIL 17, 1998 / ;•L � [oil V.1 • PERSONALLY APPEARED MATTHEW C. WELTY, ATTORNEY IN FACT personally known to me (or 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 acknowl- edged 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. WITNESS Signature OPTIONAL �A17 1 ' � lWtarlP atc Cy M'Mu S This nrrn for OJjcial Nofnrinl Seal Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER mLE1S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) . ❑ GUARDIAN/CONSERVATOR ❑ OTHER: - SIGNER IS REPRESENTING: wwE OF PVMK qS) OR ENnrnES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 10-MI an•.ei94 ALL- PURPOSE ACKNOWLEDGEMENT insurance Company of the West• HOME OFFICE SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: MATTHEW C. WELTY its true and lawful Attomey(s) in -Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 6th day of June 1995 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO �4440fIMI0�J w f401V0141b f CII/pA� INSURANCE COMPANY OF THE WEST On June 6th, 1995 before me, personally appeared John L Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument. WITNESS my hand and o ci I OFFICIAL SEAL /�i� :_ ' FRANCIS FAF IA `�� W NOTARY IEG000UNTYIA e d' SAN DIEGO COUNTY i � MY COMMISSION EXPIRES Notary Publ' AUGUST 11,1995 CERTIFICATE: I, E. Harried Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a We copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this M ICW 37 17TH day of APRIL 19 98 INSURANCE COMPANY OF THE WEST E. Hamed Davis, Vice President • Issued one original gqcounterpart prremium4incIJoed PAGE 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT G_ REEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS CONTRACT NO. 3186 BOND NO. 149 32 30 168OR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach. State of California, by motion adopted, has awarded to FT Ziebarth Company hereinafter designated as the "Principal." a contract Green Acres Reclaimed Water Project Big Canyon and Newport Beach Country Club Pump Stations, Contract No. 3186 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3186 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, Insurance Company of the west duly authorized to transact business under the taws of the State of California, as Surety, (referred to her in as 'Surety) alp held fitimly bound Unto the Jity of Newport }3eac the Sum of six hundred twenty one thousand seven undue Dollars (s) 021, OiS 06 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 t, PAGE re The Bond shad inure to the benefit of any and! all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at 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 or the specifications accompanying the same shad in any wise affect its obdgatldxrs 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 ar to the speafications. ;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 duty executed by m by the above naed 9 Principal and Surety, on the 8th day of May 19 FT Ziebarth Company Name of Contractor (Principal) Insurance Company of the West Name of Surety 17852 E. 17th st., #111 Tustin, Ca 92780 Address of Surety (714) 832 -9900 Telephone Agent patthew C. Welty, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 0 County Of Orange On g r, lf 'X before me, Diane M- Paull, Notary Public OATe NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared R.P. Ziebarth NAME(S) OF SIGNER(S) FKI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(a) whose name(* is /arse subscribed to the within instrument and ac- knowledged to me that he /zkmbbeF executed the same in his/lmam%ftft authorized ""•~'•*�- «»»- »« «.- »+.+«,+.+., capacity (xw) , and that by hisAK004oft D?AL M nt. Q 1439 si nature on the instrument the erson COMM>Etoata3s � 9 (� P kir NOTARY PUBLIC - CALIFORNIA Q or the entity upon behalf of which the r; u" i� �'. oRANOecouNTV 1 person(w) acted, executed the instrument. ^- ITnission t \plres July 30 19" $ WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑X CORPORATE OFFICER Vice President TrrLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) F.T. ZIEBARTH COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Renn et Ave., P.O. Box 71B4 -Canoga Park. CA 91309.7184 STATE OF } SS. COUNTY OF RIVERSIDE J May 8, 1998 On ,before me, VERONICA ,_ PRATT, NOTARY PURi,iC PERSONALLY APPEARED MATTHEW C. WELTY, ATTORNEY IN FACT personally known to me (or 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 acknowl- edged 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. WITNESS Signature OPTIONAL d "'"moo,, _ TT M1 9 This arm for Official Notarial Sent Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER m1Et5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) , ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: R.wE OF VERBOMT OR E1 TYVEM DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE io -nsi Rc,,.6 19N ALL - PURPOSE ACKNOWLEDGEMENT • Issued in original counterpart PAGE 17 CITY OF NEWPORT BEACH bond #149 32 30 PUBLIC WORKS DEPARTMENT premium $8,259.00 GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS CONTRACT NO. 3186 BOND NO. 149 32 30 FAITHFUL PERFORMANCE BOND The premium charges on thus Bond is $ 8,259.00 being at the rate of $ thousand of the Contract price. WHEREAS, thaqt� adopted, awarded to Fiebra cilhof tt1IDP City of Newport Beach, State of motion designated as the "Pr, ncipar, a contract for Green Acres Reclaimed Water Project Big Canyon and Newport Beach Country Club Pump Stations, Contract No. 3186 in the City of Newport Beach, in strict corrfonnity with the plans, drawings, specifications, and other Contract Documents maintained In the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3186 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Insurance Company of the West duly authorized to transact business under the taws of the State of California as Surety s(x hr u rr�dS` nit y' g h:4 ciao s f� bound unto the City of Newport Beach, in the sum of seven un re rs ($521.700.00), lawful money of the United States of America, acid aura being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns. jointly and severally, finny by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principals heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documrent$ 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 he intent and meaning, or fads to Indemnify, defend, and save harmless the City of Newport Beach. its officers, employees and agents, as therein stipulated, then, Surety w@ faithfully Perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become nun and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, Uwe shad be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City. only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. *1st 100,000 14.40 - 1,440 400,000 14.40 - 5,760 121,700 8.70 - 1,059 *8,259** :: 0 9 PAGE 18 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 or to the specifications aC=npsnying the same shall in any way affect ita obligations on this Bond, and it does hereby waive notice of any such change, extension of tine, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shau be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, R is agreed that the death of any such Principal shall not exonerate the Surety from its obkgations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8th day of May , 19 98 FT Ziebarth Company Name of Contractor (Principal) Insurance Company of the West / Name of Surety c ed Agh;rtt Signature 17852 E. 17th st., $111 Tustin, Ca 92780 M thew C. Welty, Attorney in Fact Address of Surety rirt Name and rite (714) 832 -9900 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED u CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California - County of Orange On �a f, /99y before me, Diane M. Paull, Notary Public DAT NAME, TITLE OF OFFICER - E.G.,'JANE DOE. NOTARY PUBLIC" N.. 5907 personally appeared R.P. Ziebarth , NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person() whose name(* is /am subscribed to the within instrument and ac- knowledged to me that he /skobbeF executed the same in his/*KWWWft authorized ••• �•- »•••«••••....«•».,,,,.,...,, capacity(x�, and that by his/SmWOO �[ x = r *a1ti +a. i a439 k signature(a) on the instrument the personal, CO�LIM # 1{341439 y'+ rr ? a YOTARYPUBLIC- CALIFORNIA m or the entity upon behalf of which the CRANGE COUNTY � person(ac) acted, executed the instrument. c:L ^n ExP OGJI:y JO, lees WITNESS my hand and official seal. �U /' /Z� SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL rR CORPORATE OFFICER Vice President TrrE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSCN(S) OR ENTITY(IES) F.T. ZIEBARTH COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 019M NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 - Canoca Palk. CA 91309.7184 STATE OF COUNTY OF RIVERSIDE SS. May 8, 1998 On ,before me, VERONICA L PRATT NOTARY PLIBT,TC' PERSONALLY APPEARED MATTHEW C. WELTY, ATTORNEY IN FACT personally known to me (or 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 acknowl- edged 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. WITNESS Signature ZI1114�_Vee OPTIONAL This arra for Official Notarial Seal Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM.Elsl ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S), ❑ GUARDIANICONSERVATOR ❑ OTHER: - SIGNER IS REPRESENTIis NAME oc venSa+ttn on Ermrroem DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 10091 1tcv.6 /94 ALL- PURPOSE ACKNOWLEDGEMENT •Insurance Company of the West• HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: R a^7 a7 its true and lawful Attomey(s)-in -Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by fact mile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 61h day of June 1995 4`44v,,,lo INSURANCE COMPANY OF THE WEST iy f4ovaNlV � 41rfgM� STATE OF CALIFORNIA OJohn L. Hannum, Senior Vice President SS. COUNTY OF SAN DIEGO On June 6th, 1995 before me, personally appeared John L. Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, personalty known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument. WITNESS my hand and o 11 OFFjBUCC SEAL OF FRANCIS FAFAUL karaRrPUeLlccAtFaaNu r' SANDIEGOCOUNTY i MY COMMISSION EXPIRES Notary Publj AUGUST 11,1995 ./ CERTIFICATE: I, E. Hamad Davis, Vioe President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this ICW 37 8th day of May 19 98 . INSURANCE COMPANY OF THHEE WEST E. Harried Davis, Vice President RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOON Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder 111111111111111111111111 Jill No Fee 19990693746 09:43am 09/29/99 005 12061677 12 13 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 Exempt trom recording tees � pursuant to Govemment Code Section 6103" NOTICE OF COMPLETION; �n " =, ca NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Ne4 1 Boulevard, T" Newport Beach, California, 92663, as Owner, and F.T. Ziebarth Company of Fullerton, California, as Contractor, entered into a Contract on May 11, 1998. Said Contract set forth certain improvements, as follows: Green Acres Reclaimed Water Project Big Canyon and Newport Beach Country Club Pump Stations, C -3186 y'1F N Work on said Contract was completed on September 20, 1999, and was found to be acceptable on September 27, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on:� / %99 BY City Clerk at Newport Beach, California. • TO: FROM: SUBJECT: 0 0 • Mayor and Members of the City Council Public Works De artment September 27, 1999 CITY 1-W — IL AG.EN.DA_..__,.. ITE APPROVED GREEN ACRES PROJECT, RECLAIMED 'WATER BIG CANYON /NEWPORT BEACH COUNTRY CLUB PUMP STATIONS, CONTRACT NO. 3186 - COMPLETION AND ACCEPTANCE RECOMMENDATIONS: Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: On May 11, 1998, the City Council authorized the award of the Green Acres Reclaimed Water Project, Big Canyon /Newport Beach Country Club Pump Stations, Contract No. 3186 to F.T. Ziebarth Company of Fullerton, California. The contract provided for the the installation of two reclaimed water pump stations, one to serve the Big Canyon Country Club and the other to serve the Newport Beach Country Club. This project was part of the overall Orange County Water District's (OCWD) effort to bring reclaimed water service into the City of Newport Beach. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $621,700.00 Actual amount of bid items constructed: $621,700.00 Total amount of change orders: $47,786.88 Final contract cost: $669,486.88 The final overall construction cost including change orders was 7.69% over the original bid amount. A total of ten change orders were issued to complete the project. The majority of the change orders dealt with architectural and construction modifications to accommodate building code requirements. Significant change orders were as follows: SUBJECT: Green Acres Project, imed Water Big Canyon /Newport Beach Country ump Stations, Contract No. 3186 - Completion And Acc1.tce IV September 27, 1999 Page 2 A Change Order in the amount of $12,739.00 provided the power connection to Southern California Edison Company (SCE) facility. Several Change Orders totaling $8,000.00 provided for Contractor cost to extend the project by a month. A Change Order in the amount of $14,923.00 provided for a staircase from the adjacent parking area at the Newport Beach Country Club site. This change order was reimbursed to the City by OCWD. OCWD had originally planned to construct the staircase; however their contractor had requested too much money to complete the work. A Change Order in the amount of $4,611.00 provided for the use of stainless steel bolts, nuts and appurtenance to the Newport Beach Country Club pump station. The schedule for this project was delayed almost a year due to the time required to coordinate the Big Canyon Country Club's new irrigation system, the minor modifications at the Newport Beach Country Club and the necessary County and State Health Department approvals. Newport Beach Country Club came on line on Monday, September 13, 1999, and finished testing on Monday, September 20, 1999. At that time the project was deemed complete. Without the good level of cooperation between all parties, this project would have been delayed a great deal more. Funds for this project came from the Water Enterprise Fund under the 1997/98 Capital • Project Account No. 7501- C5500075 for the Green Acres Reclaimed Water Irrigation Program. Resp ally s P LIC WORKS DEPARTMENT Don Webb, Director By: %l,r Michael J. Si , .'E'. Utilities Engineer 9 f:Wserslpbwlshared\wundil "O\september- 27\green acres noc c-3186.doc S PUMP STATION LICENSE AGREEMENT THIS PUMP STATION LICENSE AGREEMENT (this "Agreement ") is dated as of August /V , 1998 by and between THE NEWPORT BEACH COUNTRY CLUB, INC., a California Corporation ( "NEWPORT BEACH COUNTRY CLUB "), and THE CITY OF NEWPORT BEACH, a municipal corporation ( "Newport Beach "). RECITALS A. Newport Beach Country Club and Newport Beach are parties to that certain Third Amended and Restated Agreement (Green Acres Reclaimed Water Project End -User Agreement for Delivery and Sale of Reclaimed Water to Newport Beach Country Club) dated as of September 30, 1996 (the "End -User Agreement "). Pursuant to the terms of the End -User Agreement, Newport Beach must construct and maintain a pump station and any related structures (collectively, the "Pump Station ") on property leased by Newport Beach Country Club (the "Site "). In accordance therewith, Newport Beach Country Club desires to grant to Newport Beach certain limited rights over portions of the Site as hereafter described in order to access the Pump Station. B. Newport Beach acknowledges that the continuous operation of the Pump Station is essential to the successful maintenance of Newport Beach Country Club's golf course at the Site. AGREEMENT NOW, THEREFORE, taking the foregoing Recitals into account and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. License Newport Beach Country Club hereby grants to Newport Beach a nonexclusive right of entry over and across those portions of the Site, shown on Exhibit "A" attached hereto, (the "License ") solely for the purposes of constructing, operating, maintaining, repairing and replacing the Pump Station generally located in the area depicted on said Exhibit "A ". Newport Beach Country Club shall have the right to approve the location, exterior appearance and noise generation level of the Pump Station, which approval shall not be unreasonably delayed or withheld. It shall not be unreasonable for Newport Beach Country Club to withhold its consent to the location of the Pump Station if it materially interferes with the use or operation of the Site by Newport Beach Country Club, its successors or assigns, members, guests, agents, employees, tenants, purchasers or any person or entity with whom Newport Beach Country Club has any business relationship, or any contractors, invitees, licensees, carriers or customers of any of the foregoing. 2. Term of License Newport Beach's rights to use the License shall terminate on the earlier of (a) the date that Newport Beach removes the Pump Station 0 0 from the Site, (b) within sixty (60) days of receipt by Newport Beach of a notice of default under this Agreement or under the End User Agreement, if such default is not cured within such time, or (c) the date the term of the End -User Agreement ends, as such term may be extended pursuant to the terms of the End -User Agreement. 3. Location of Pump Station This Agreement does not confer upon Newport Beach any right to locate the Pump Station on any portion of the Site except as shown on Exhibit "A" and except as set forth in Section 1 above. Newport Beach and its agents shall have absolutely no right to enter any other portions of the Site or any structure constructed upon the Site except for the structure enclosing the Pump Station. 4. Right to Enter Site Newport Beach and its agents shall exercise the rights granted under this Agreement at reasonable times during normal business hours and in a reasonable manner; provided, however, the Pump Station is experiencing a malfunction and /or an emergency situation is occurring, after hours entry is permitted solely to remedy such malfunction or emergency situation. 5. Damage to the Site Neither Newport Beach nor its agents, contractors or employees shall in the exercise of its rights or the performance of its duties under this Agreement cause any damage to the Site. If Newport Beach or its agents, contractors or employees cause any damage to the Site in the exercise of its rights or the performance of its duties under this Agreement, including, without limitation, any damage to any landscaped area, Newport Beach shall cause the same to be repaired at Newport Beach's expense within ten (10) days of demand by Newport Beach Country Club. If Newport Beach fails to repair such damages within such period, Newport Beach Country Club may perform such repairs and obtain reimbursement from Newport Beach for the cost thereof. Newport Beach agrees to make payment within sixty (60) days of receipt of written request for reimbursement. 6. Repair of Pump Station Newport Beach shall cause the Pump Station to be incorporated into (a) the alarm system currently operated by Newport Beach for all other pump stations that it maintains, which system causes alarms to alert Newport Beach personnel whenever a pump station is experiencing problems, or (b) any such system that is adopted in the future by Newport Beach that provides notice to Newport Beach personnel that a certain pump station is experiencing problems. Newport Beach further covenants that it will respond to problems that the Pump Station is experiencing in accordance with Newport Beach's standard policies and procedures and within a period of time that is commensurate with the period of time that it takes Newport Beach to respond to the problems of all of the other pump stations that it maintains. Newport Beach Country Club acknowledges and agrees that, in the event that more than one pump station is experiencing problems at the same time, Newport Beach will respond first to the problem that poses the greatest threat to the public. Notwithstanding the foregoing, Newport Beach covenants to make best efforts to ensure that Newport Beach Country Club will not be without Project Water for a period longer than 24 hours. f: \groups \pubworks \agmt \98 \newport cc reclaimed ps.doc 0 0 7. Maintenance of Pump Station Newport Beach shall provide scheduled maintenance to the Pump Station that is commensurate with the scheduled maintenance that Newport Beach provides to the other pump stations that it operates. Newport Beach shall (a) cooperate with Newport Beach Country Club in designing a maintenance schedule, (b) keep Newport Beach Country Club informed of the maintenance schedule and any variations therefrom, and (c) make every effort to avoid having to shut down the Pump Station during such maintenance. Newport Beach Country Club shall cooperate with Newport Beach in designing a maintenance schedule. 8. Indemnification: Remediation (a) Newport Beach shall indemnify, defend and hold harmless Newport Beach Country Club and its successors and assigns, partners, members, principals, officers, directors, shareholders, direct and indirect agents, employees and representatives from and against all claims, suits, causes of action, injuries, damages, losses and liabilities of any kind whatsoever, regardless of by or against whom caused or instigated, to the extent arising directly or indirectly out of (i) Newport Beach's construction, operation, maintenance, repair, replacement or other use of the Pump Station and /or Site; (ii) the presence on the Site of the Pump Station; (iii) the activities on the Site of Newport Beach or its agents, employees, contractors, carriers, invitees or licensees; or (iv) Newport Beach's failure to provide Project Water to the Site as provided in the End User Agreement. (b) If in the process of exercising any rights under this Agreement, Newport Beach and /or its agents cause any Hazardous Materials to be released onto Site, Newport Beach shall promptly (but in no event more than ten (10) days after written demand by Newport Beach Country Club) commence and diligently prosecute to completion the remediation of the same under all applicable laws, and indemnify, defend and hold harmless Newport Beach Country Club and its successors and assigns, partners, members, principals, officers, directors, shareholders, direct and indirect agents, employees and representatives from and against all claims, suits, causes of action, injuries, damages, losses and liabilities of any kind whatsoever, regardless of by or against whom caused or instigated, arising directly or indirectly out of such release of Hazardous Materials. If Newport Beach fails to timely remediate such contamination, Newport Beach Country Club shall have the right to exercise any self -help remedies and obtain reimbursement from Newport Beach for the cost of such self -help remedies. Newport Beach agrees to make payment within sixty (60) days of receipt of written request for reimbursement. (c) As used in this Agreement, the term "Environmental Laws" means all federal, state or local laws, ordinances, regulations, orders and directives pertaining to Hazardous Materials on, about or adjacent to any portion of the Site, or generally dealing with the public health and safety and the protection of the environment. As used in this Agreement, the term "Hazardous Materials" shall mean any oil or petrochemical products, pcbs, asbestos, urea formaldehyde, salts, flammable f: \groups \pubworks\agmt \98 \newport cc reclaimed ps.doc explosives, radioactive materials, hazardous wastes, toxic, corrosive, mutagenic or pathogenic substances or related materials, including, without limitation, any substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic substances" or any similar term under any applicable Environmental Law. 9. Costs of Enforcement If any legal or equitable action or proceeding is instituted to enforce or interpret any provision of this Agreement, the prevailing party in such action shall be entitled to recover from the losing party all of its costs, including court costs and reasonable attorneys' fees. 10. Captions The paragraph headings or captions used herein are for convenience only and are not a part of this Agreement and do not limit, define or amplify the scope or intent of the provisions hereof. 11. Governing Law This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without reference to any conflicts or choice of law principles. 12. Counterparts This Agreement may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re- attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. 13. Entire Agreement This Agreement and the agreements referenced herein contain the entire agreement between the parties relating to the subject matter thereof. Any oral or other written representations or statements concerning the subject matter thereof shall be of no force or effect. 14. Successors This Agreement shall inure to and bind Newport Beach Country Club and its successors and assigns in leasehold title to the Site and each and every portion thereof. Newport Beach shall have no right to transfer or assign its rights or obligations under this Agreement. f: \groups \pubworks\agmt \98 \newport cc reclaimed ps.doc 0 IN WITNESS WHEREOF, the parties herein have executed this Agreement as of the date first above written. CITY OF NEWPORT BEACH, a mi,iicipal corporation Robert Burnham, Esq. City Attorney ATTEST: LaVonne Harkless City Clerk PRO City N KevA,,t'Muroy THE NEWPORT BEACH COUNTRY CLUB, INC., a California corporaation� ) e dent f: \groups \pubworks \agmt \98 \newport cc reclaimed ps.doc r uj I I I i tl I I I� I , � W Y � � I•� �_ = l.�Iti I ! Q 1 I WW a x W ; W _.� I ! C I I j III i ,h i I o III I i 83 13 1 5t rQ I III I � 5 •, � � t � � U I � III I � Y3 • �' i / �}' III I �� 1 / > -Z I III I 1 . I I ; I III I •�./ I I Iai I \ i 04 I III � W m 3a I I I I 3 os of lON W 1 j I I Il l i GREEN ACRES RECLAIMED WATER PROJECT CITY OF NEWPORT BEACH BIG CANYON AND NEWPORT BEACH Puss WORKS DEPARTMENT COUNTRY CLUB PUMP STATIONS : ACASTA%GV MBE: AML ZIM 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Pascal & Ludwig Engineers 2049 E. Francis Street Ontario, California 91761 Gentlemen: (714) 6443005 July 6,1998 Thank you for your courtesy in submitting a bid for the Green Acres Reclaimed Water Project Big Canyon and Newport Beach Country Club Pump Stations (Contract No. 3186) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach t 4 I I I 1 1 1 l t . City Clerk PAGE 1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 until 2:00 a.m. on the 29`" day of April, 1998 , at which time such bids shall be opened and read for GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS Title of Project Contract No. 3186 $450,000 Engineer's Estimate 7A pproved b Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. IFor further information, call Michael J. Sinacori. P.E. at (714) 644 -3342. I 0 _1 a 1 I 1 t 1 t t 1 1 PAGE 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GREEN ACRES RECLAIMED WATER PROJECT - BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS CONTRACT NO. 3186 1 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTORS BIDDER'S BOND NON - COLLUSION AFFIDAVIT TECHNICAL ABILITY AND EXPERIENCE REFERENCES 2. Cash, certified check or cashier's check (sum not less than 10% 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. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. I 1 • • PAGE 3 8. in accordance with the California Labor Code (Sections 1770 at 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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. 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. The signature below represents that the above has been reviewed. 262466 CLASS A Contractor's License No. & Classification I I I I I F.T. ZIEBARTH COMPANY Bidder Auth riz Signature/Title R.P. ZIERARTH, VICE- PRESIDENP 4/29/98 Date I I I I I CITY OF NEWPORT BEACH rPUBLIC WORKS DEPARTMENT GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS CONTRACT NO. 3186 11 DESIGNATION OF SUBCONTRACTOR(S) I I I PAGE 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 following subcontractors 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. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Subcontract Work Subcontractor Address F.T. ZIEBARTH COMPANY Bidder Aut o ' Signature Rtla R.P. ZIEBARTH, VICE - PRESIDENT - � J V t r F I 5 I v CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS CONTRACT NO. 3186 TECHNICAL ABILITY AND EXPERIENCE REFERENCES PAGE The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed Name /Agency To Contact Number SEE ATTACHED LISTINGS F.T. ZIEBARTH COMPANY Bidder ki thbriz*d Signatureffitle R.P. ZIEBARTH, VICE - PRESIDENT F.T. ZIEBARTH COMPANY SUMMARY OF CONSTRUCTION PROJECTS JOB# DESCRIPTION $S$ VALUE YR COMP 182 WINCHESTER PUMP STATION 7440184 1997 OWNER: RANCHO CALIFORNIA WATER DISTRICT TEMECULA CA 92590 ENGINEER: KRIEGER & STEWART RIVERSIDE CA 183 EAST SEDIMENTATION TANK SCUM SKIMMER REPLACEMENT 139,195 1997 OWNER: SOUTH COAST WATER DISTRICT LAGUNA NIGUEL CA 184 WEST LIFT STATION AND LAKE SAN MARCOS MICROTUNNEL SEWER CROSSING 2,559,500 1997 OWNER: VALLECITOS WATER DISTRICT SAN MARCOS CA ENGINEERS: ASL CONSULTING ENGINEERS SAN DIEGO CA 185 REPAIR & REHABILITATION OF VINNELL RESERVOIR 613,900 1997 OWNER: SOUTHERN CALIFORNIA WATER DISTRICT ONTARIO CA 91761 186 MID - VALLEY LANDFILL, PILOT STUDY 361,000 1997 DEMONSTRATION PROJECT (GROUND WATER CONVEYANCE AND TREATMENT SYSTEMS) OWNER: CO OF SAN BERNARDINO WASTE SYSTEM DIVISION NORCAL /SAN BERNARDINO, INC c/o GEOLOGIC ASSOCIATES 187 MAYWOOD AVENUE PUMP STATION 617,700 OWNER: MAYWOOD KRUS L WATER CO. NO. 2 MAYWOOD CA EMIMEERS: HUITT- ZOLLARS, INC. TUSTIN CA 188 UNIVERSITY LIFT STATION IMPROVEMENTS PROTECT NO. 23799 1,204,000 OWNER: IRVINE RANCH WATER DISTRICT IRVINE CA ENGINEERS: MACDONAID, STEPHENS, ENGINEERS, INC. MISSION VIEJO CA 189 TO CAP -OFF S70RM DRAIN DIVERSION SYSTEM PURCHASE ORDER #5667 2,826 1997 OWNER: BASRIN- ROBBINS USA, CO. VERNON CA cONSULTANTS: iNNovATIVE CONSULTANTS, INC. F.T. ZTFB+RTH COMPANY S OF CONSTRUCTICN P IOCTO JOB# EF`CPT'ION $$$ VALUE 174 SC PIPELINE SERVICE CONNECTION 2,332x203 AND LOS FLORET LIFT STATION OWNER: SANTA MARGARITA WATER DISTRICT MISSION VI= CA ENGINTER: ROBERT, BEIN, FROST & ASSOC IRVINE CA vd-XOA r 1995 175 EASPBROOK (ZONE D) PUMP STATION EXPANSION 150,633 1995 OWNER: SANTA MARGARITA WATER DISTRICT MISSION VIM CA ENGINEER: NOLTE ASSOCIATES ALISO VIEJO CA 176 REPLACE NOS. 1 & 2 PUMP BARREL FLANGES 9,500 1995 OWNER: EL TORO WATER DISTRICT EL TORO CA 177 MARSHALL CANYON ZONE V RESERVOIR 1,132,146 1996 OWNER: CITY OF LA VERNE LA VERNE CA ENGINEER: KEN I MULLEN CONSULTING ENGIlrE SAN CLIIMENTE CA 178 NORTH COUNTY DISTRIBUTION PIPELINE 11638080 1996 OCEANSIDE 6 /VID 11/RAINBOW 12 FLOW CONTROL FACILITY OWNER: SAN DIEGO COUNTY WATER AUTHORITY SAN DIEGO CA ENGINEER: BLACK & VEATCH SAN DIEGO CA 179 WASTEWATER NEUTRALIZATION FACILITY 92,750 1996 JERSEYMAID MILK PRODUCTS OWNER: THE VONS COMPANIES, INC COMMERCE CA ENGINEER: INNOVATIVE CONSULTANTS INC NEWPORT BEACH CA 180 THE DRILLING AND EQUIPPING OF WELL NO 38 694,443 1997 OWNER: CITY OF ONTARIO ONTARIO CA ENGINEERS: ASL CONSULTING ENGINEERS PASADENA CA 91107 181 17th STREET BOOSTER STATION IMPROVEMENTS 183,099 1997 OWNER: CITY OF UPLAND UPLAND CA ENGINEER: RBF & ASSOCIATES IRVINE CA PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �- GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS CONTRACT NO. 3186 NON - COLLUSION AFFIDAVIT State of California ) ss. County of orange ) R.P. Ziebarth , being first duly swom, deposes and says that he a is praci rlanf of F T 7rFanRTU rrwronnry , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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 California that the foregoing is true and correct. F.T. Z>ERARTH COMPANY Bidder Authorize ignature/Title R.P. Z ebarth, Vice- President Subscribed and sworn to before me this day of 19.L'y. SEE ATTACHED ACKNOWLEDGEMENT [SEAL] Notary Public My Commission Expires: I -1 71 I 1 ICALIIFORNIA ALL-PURPOSE &NOWLEDGMENT • No. 5907 State of California County of Orange On April 29, 1998 before me, Diane M- Paull, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared R.P. ziebartb NAMES) OF SIGNER(S) O personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person*) whose name(* is /alga subscribed to the within instrument and ac- knowledged to me that he /skmbbW executed the same in his/* 000094 authorized capacity(xw), and that by hiss x � � D?aN;;rq ptijv;, s signature(s) on the instrument the personWj, COMM N1041439 > or the entity upon behalf of which the NOT LIC- CALIFORNIA ORANOECOUNTY ? person(* acted, executed the instrument. �•, _o° rt, {:r`„ JsSIDn ESDI'as J,Iy 38,145."- « ��. f <+v . .ti,,.?n.,,00JNYOONOONONNNNiG � WITNESS my hand and official seal. zi2t SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL 0 CORPORATE OFFICER Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENrITY(IES) F.T. ZIEBARTH COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 04/22/98 16:52 PUBLIC -WORKS 4 714 992 4151 L J City of Newport Beach Public Works Department Bid Addenda No. 1 for the project tided: GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS CONTRACT NO. 3186 Bid Documents Addenda No. 1: 110.375 P02 Bidders shall propose to complete No, 3186 in accord with the PROPOSAL" as modified by this addenda. This is the first addenda to this contract. It consist of twenty three (23) Pages; this page and two (2) other pages as well as twenty (20) ppages of attachments. This bid addenda is provided as substitutions, additions, deletions and ola icabons to the plans and specifications. Bidders are required to include this page and the two (2) other pages when submitting their bid proposal. Warning I Bids submitted without all pages of this addenda signed, dated and attached to the bid Proposal may be rejected as "non - responsive" Addendum received by: Bidder:F.T. ZIEBARTH OOMrate: 4/23/98 Signature:_()�L _ �� 43. �63ARTH, V.P. Page 1 of 3 04/22/98. 16 :52. PUBLIC -IfKS 4 714 992 4151 • The following changes, additions, deletions or clarifications shall be made to the contract documents; all other conditions shall remain the same. TABLE OF CONTENTS: N0.375 P03 Insert new page DELETING Appendix A; "REFERENCE STANDARD PLANS% attached hereto. SPECIAL CONDITIONS: Revise the following; Page SP.2, para. 1-4.3 Woridng Hours. Revise first sentence to read °Normal worldng hours for work shall be 7:00 am. to 5:00 p.m." Add the following: Page SP -10 that was omitted. Attached hereto. TECHNICAL SPECIFICATIONS: Section 02200 EARTHWORK; 1.02 DESCRIPTION OF WORK A. BCCC; Add " Provide minimum of 12" of granular base under building as described in Soils Report recommendations by Converse Consultants plus 2" of sand under slab ". B. NBCC; Add "12` of granular base has been constructed as part of grading wont under separate contract. Provide additional 2" of sand under slab. Division 16 Electrical Add: Sections attached hereto: Section 16010 General Electrical Provisions Section 16100 Basic Electrical Requirements Section 16200 Basic Materials and Methods DRAWINGS: Sheet 17 of 20 (Ei ) Revise: Electrical General Requirements: Note 6.0 Delete Completely. Note 8.13 Revise to read °Provide Insulating bushings on all terminations of conduh" Addendum received by: - i IEBARTH, V.P. Page 2 04i22i98 16:52 PUBLIC -ir -� 714 992 4151 0 N0.375 D04 Note 9.A Revise to read "Wire shall be stranded type thwn/thhn, 600 volt copper bearing W. label conductors. Branch circuit wire shall be #12 min, for 120V branch circuit over 100 ft shall be #10 min. unless otherwise noted. Wire color coding shall match existing and shall be noted on as -built plans. Both ends of all wire runs shall be labeled w/ numbered pressure labels. Splice only in accessible junction or outlet boxes. Screw -on connectors shall be neatly installed, grouped, laced or clipped and fanned out to/from terminal. Sheet 18 of 20 (E2): Revise Single Line Diagram: Revise call -out from transformer to meter to read "4 "C (4) 600 MCM + 1 /OG, (PVC) schedule 40." Revise Sheet Note 3; Add sentence to read "Location of photocell to be per field review". Revise Power Plan; Add symbol 7 for note #7 at telephone back board. Add: Detail W CONDUIT THROUGH FOOTING AND FLOOR SLAB" attached hereto. Add: Notes: A. Flex conduit; Submit method of connection to mechanical equipment for review and approval of City prior to installation. B. Submit Grounding details for all mechanical/electrical machinery for review and approval of City prior to Installation. Sheet 20 of 20 (E4) Sheet Note 3 Add sentence; "Waterproofing Compound to be # 2114 Scotchcast Re- enterabre Electrical Insulating and Sealing Compound as manufactured by 3M Electrical Products Division "... Addendum received by: Bidder. gate: 3 /98 Signature: R.P. ZIEBARTH, V.P. Page 3 of 3 CITY OF NEWPORT BEACH* PUBLIC WORKS DEPARTMENT PROPOSAL GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH ' COUNTRY CLUB PUMP STATIONS CONTRACT NO. 3186 To the Honorable City Council City of Newport Beach ' 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 ' Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3186 in accord 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: NOTE: All applicable sales taxes, State and Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. SCHEDULE OF WORK ITEMS ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Furnish and Install Big Canyon Country Club Pump Station, complete In place for the lumpp� sum price of `qwe h&u 2§ i—ou a i *th(s AZJt ), @ Dollars and 110 Cents L.S. $ Lump Sum 2. Lump Sum Furnish and Install Newport Beach Country Club Pump Station, complete In lace fqqr� the� lum sum price of �cJ0 /�D � SC— ✓ey✓ ?c —C-�✓ ijtoK.�i¢,r/r Dollars and / �I Al() Cents L.S. Lum p Sum fl PI-8 ' TOTAL PRICE IN WRITTIP WORDS • (Bid Items 1 and 2) r.JL-;k1_7'y d,✓� T/�us�r✓�, S/X /V-& ✓� Dollars �J /) y� Cents $ 46O�'/ 7e y Total Price ' I declare under penalty of perjury that all representations made above are true and correct.' 'Effective January 1, 1990, Business and Professional Code Section 702.8.15 provides that an bid not containing the above requested information, or a bid containing information which i subsequently proven false, shall be considered non - responsive and shall be rejected. Bidder's Name F.T. ZIEBARTH COMPANY Mailing address: P.O. Box 4173 Fullerton CA 92834 Bidder's Address 92o E_ walnut Fhil1aT+ n rn Q?R11 ' Bidder's Telephone Number (714) 992 -5151 FAX ( 714) 992 -4151 Contractor's License No. & 4/29/98 Date I17 U LI 11 P" R.P. Ziebarth, Vice- President 0 . PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS CONTRACT NO. 3186 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 of mailing Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT 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. 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. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 PAGE 9 GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS CONTRACT NO. 3186 CONTRACT THIS AGREEMENT, entered into this day of 19 lit , by and between the CITY OF NEWPORT BEACH, hereinafter "City," and F.T. Ziebarth Company, hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH COUNTRY CLUB PUMP STATIONS Project Description 3186 Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractors 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, City and Contractor agree 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 3186, Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). 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: 0 0 PAGE 10 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. 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 Six Hundred Twenty One Seven Hundred and No /100 Dollars ($621,700.00). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) 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, and which loss or expense occurs prior to acceptance of the work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Michael Sinacori (714) 644 -3342 CONTRACTOR F.T. Ziebarth Company 920 E. Walnut P.O. Box 4173 Fullerton, CA 92831 Attention: R.P. Ziebarth, V.P. (714) 992 -5151 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." ! • • PAGE 11 7. INSURANCE (a) Insurance is to be placed with insurers with a Best's rating of no less than ANII and insurers must be a California Admitted Insurance Company. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Coverage limits shall be no less than: 1. General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. • • PAGE 12 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. (b) Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. (d) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. 0 • PAGE 13 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. 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 the Contractor. C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work, or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify or defend City from the sole negligence or willful misconduct of City, its officers or employees. 0 0 PAGE 14 D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor 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 in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. 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. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. — ATTEST: !/r/ l" LTA r"C CITY CLERK APPRQV D AS TO FORM: I CI ATTORNEY Cq OF 0 BEACH F.T. ZIEBARTH COMPANY CONTRACTOR By: Autho ' ed Signature and Title R.P. ZIEBARTH, VICE- PRESMETU CALIFORNIA ALL - PURPOSE State of California County off1 Orange On �� Ay x� -2,1W before me, Diane M. Paull, Notary Public PATE NAME, TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC No. 5807 personally appeared R.P. Ziebarth r NAME(S) OF 50GNER(S) O personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(a) whose name(a). is /fie subscribed to the within instrument and ac- knowledged to me that he /skmbboF executed the same in his/ftQ00m ilz authorized capacity0tow), and that by his/sneftoft 1AN2- Rk0L1- signature(a) nature Y the instrument the erson DtnN;✓ rui. PA "uLt. i 9 (� P r COMM #1441439 or the entity upon behalf of which the NOTARY PUBLIC - CALIFOflNIA acted, executed the instrument. Qi .ice ORANGE COUNTY person (s) My Commission Expires bly 50,1998 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL x❑ CORPORATE OFFICER Vice President TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENURY(IES) F.T. ZIEBARTH COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 81309-7154 — — — — AR Ik 'PRODUCER THIS CERTIFICATE IS ISSWD AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CALBOND SURETY INSURANCE AGENCY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 400 S. RAMONA SUITE 205 COMPANIES AFFORDING COVERAGE CORONA, CA 91719 (909)371-8147 FAX(909)371-2027 COMPANY A ITOH2�TF(ORD/PAC3FIC INSURANCE CO INSURED COMPANY F.T. ZIEBARTH & F.T. ZIEBARTH B GENERAL SECURITY INSURANCE CO. COMPANY, INC. COMPANY P.O. BOX 4173 C STATE COMPENSATION INSURANCE FUND FULLERON, CA 92634 COMPANY 4) 992-5151 D THIS IS TO CERTI AT HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN lSi6E D*'T'O*'THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPEOFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL UABILTY GENERALAGGREGATE s2, 000, 000 X COMMERCIAL GENERAL ULABILITY PRODUCTS. COMPIOP ADD $1, 000, 000 CLAIMS MADE OCCUR A X OWNERS & CONTRACTOR'S PROT ZI0007220 05/12/98 05/12/99 EACH OCCURRENCE $1, 000, 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT s 1, 000, 000 X (Paipmm) SCHEDULED AUTOS B HIREDAUTOS CA 401-0417 05/12/98 05/12/99 BODILY INJURY S PROPERTY DAMAGE $ GARAGE UABlUTY AUTO ONLY - EA ACCIDENT 5 OTHER THAN AUTO ONLY: EACH ACCIDENT $- AGGREGATE $ UCESS LIABILITY EACH OCCURRENCE $9, 000, 001) AGGREGATE $9, 000, 000 A UMBRELLA FORM TJO003083 05/12/98 05/12/99 TORY LIMITS ER 61. EACH ACCIDENT $1, 000, 000 EMPLOYERS' UABILITY C THE PROPRIETOW INCL PARTHERSICAECUTNE OFFICERS ARE, EXCL 046-0006488-98 01/01/98 01/01/99 EL DISEASE - POLICY LIMIT $1, 000, 000 EL DISEASE - EA EMPLOYEE $1, 000, 000 OTHER DESCRIPTION OF OPERATIONSA.0CATIONSVEHICLEWSPECIAL ITEMS PROJECT: GREEN ACRES RECLAIMED WATER PROJECT. CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS ARE TO LISTED AS ADDITIONAL INSURED. SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, THE ISSUCNG,96iW�N�YLL � MAIL PUBLIC WORKS DEPARTMENT 3 0 DAYS WIUTTEN NOME TO THE CERTIFCATE�UDP NAMED TO THE LEFT, 3300 NEWPORT BOULEVARD pup, 7AI0 ATTN: MICHAEL SINACON AUTHORIZED REPRESENTATIVE 171 POLICY NUMBER: ZI0007220 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURE"WNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Person, OrganiTation, Partnership or Joint Venture, only if you have previously entered into a contract with such patty in which it states that such party shall be an Additional Insured. CL 248 (11'85) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. This insurance shall apply as primary insurance as respects any Person, Organisation, Partnership or Joint Venture named above, and any other insurance available to such Person, Organization, Par (net of loind Venture shall be excess and not coutnbu(ory tcith (lie insurance afforded by this policy. LISTED AS ADDITIONAL INSURED: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 ATTN: MICHAEL SINACON ADDITIONAL INSURED ALSO LISTED AS ADDITIONAL INSURED: CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS. CITY OF ° May 11, 1998 MAY I I _ l CITY COUNCIL AGENDA • ITEM NO. 10 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: RECLAIMED WATER PUMP STATION FOR THE NEWPORT BEACH COUNTRY CLUB AND BIG CANYON COUNTRY CLUB — AWARD OF CONTRACT NO. 3186 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3183 to F.T. Ziebarth Company for the total price of $621,700 and authorize the Mayor and the City Clerk to execute the Contract. 3. Establish an amount of $31,000 to cover the cost of materials testing and additional work. 4. Approve budget amendment transferring funds in the amount of $99,370.00 from the Big Canyon Reservoir Disinfection Modification, Account No. 7502- C5500291 to the Reclaimed Water Irrigation Improvement, Account No. 7501- C5500075. PROJECT BACKGROUND In the summer of 1996, the City Council approved an agreement with the Orange County Water District (OCWD), and the Irvine Ranch Water District (IRWD) which solidified the construction of the Green Acres Reclaimed Water System extension into Newport Beach. The project was also to serve in part as an intertie bypass with IRWD to avoid discharge of reclaimed water into the San Diego Creek, just north of the Upper Newport Bay. The project called for the construction of approximately 24,000 linear feet (5 miles) of reclaimed water pipelines. The project reclaimed water will serve the Bonita Creek Park, Eastbluff Park and School, Corona Del Mar High School soccer field, Jamboree Road medians, and the Big Canyon and Newport Beach Country Clubs. The overall concept of reclaimed water delivery to these sites has been planned for over ten years. The project considered in this award is for the construction of two pump stations, one for the Big Canyon Country Club and the second for the Newport Beach Country Club. In December 1996 End -User agreements were executed with the two country clubs where in it was agreed that the City of Newport Beach would construct, own and operate these pump stations. After ten years of operation, the power required to operate these pump stations will be paid by the respective clubs, which is estimated to be $10,000 per year at each pump station. DISCUSSION: At 2:00 P.M. on April 29, 1998, the City Clerk opened and read the following bids for this project: _ Contractor Amount Bid • Low F.T. Ziebarth Company $621,700 12 1 Pascal and Ludwig Engineers 1 $629,855 SUBJECT: RECLAIMED PER PUMP STATION OF NEWPORT BEACH ONTRY CLUB AND BIG CANYON COUNTRY CLUB —AWARD OF CONTRACT NO. 3186 May 11, 1998 Page 2 . The low bidder is 13 percent higher than the Engineer's Estimate of $550,000. Construction activities are on the upswing in the County, which is resulting in fewer bidders and slightly higher than anticipated construction costs. Bids were requested from 15 contractors, but only 2 responded with bids. THE LOW BIDDER: The low bidder, F.T. Ziebarth Company of Fullerton, California, is a qualified general contractor licensed to do business in California. This company has successfully completed similar construction projects for other public water and wastewater agencies and municipalities in Southern California. The firm has a good reputation in the contracting industry and has a significant amount of experience with similar pump station construction projects. The insurance policies submitted by the contractor meet the City's requirements. Staff believes that the contractor will be able to complete the proposed work satisfactorily. PROJECT CONSTRUCTION MANAGEMENT, SCHEDULE AND FUNDING: The project construction will be performed under the supervision of the City's Public Works Department. The contract's time of completion for the project is 130 consecutive calendar days. The City's • project schedule proposes that the contractor's work be completed by September 18, 1998. This is compatible with the scheduled improvements at the Big Canyon Country Club, which are currently under way. They anticipate the need for reclaimed water at about that time. Newport Beach Country Club may also complete their required improvements around this same time frame. Approximately $553,330 is available for this project in the Water Enterprise Fund under Capital Project Account No. 7501- C5500075 for the Reclaimed Water Irrigation Program. It is recommended that the remaining $99,370 be funded from Capital Project Account 7502 - 05500291, Big Canyon Reservoir Disinfection System Modifications, and that this amount be transferred to the Reclaimed Water Program account. The disinfection modifications at Big Canyon Reservoir will not be needed until the reservoir cover is installed and is not planned to be completed until after 1999. A budget amendment is attached. Respectfully subm' �J PUBLIC W EPARTMENT Don Webb, Directorr•.� By: chael J. Sinacori, P.E. Utilities Engineer Attachements Project Location Map Bid Summary Budget Amendment Udp�sys\groups 1pubworkslcouncilk98Unay- 111big canyon.doc n U 0 PROJECT SITE 1 BIG CANYON COUNTRY CLUB to �q a J i EJECT NEWPORT BEACH CENTER COUNTRY CLUB i FRSHION ISLRND J CITY OF NEWPORT BERCH I PUBLIC WORKS DEPARTMENT GREEN ACRES RECLAIMED WATER PROJECT BIG CANYON AND NEWPORT BEACH IDRTE 29 COUNTRY CLUB PUMP STATIONS imm M up N 1998 sit N. T. S. nrTnl EXHIBIT LL O WI Q a I-- 2 Z U W Q W N M 1.1 F- a. a. O0 W Y Z 0 LL 0 J U m IL rl w a 0 F- m x _T U N U 0O W N L) g Q W U a N U Z _O F Q U O J m 1- c 0 a EL' U F q QMMIM C o U o N m d d F W W C t0 0 W Q m F 0 Q a< w U W F- O Z W F 0 W a E 0 2 E J Vl • m T U m EFFECT ON HX OW of Newport Beach* NO. BA. 066 BUDGET AMENDMENT 1997 -98 AMOUNT: Sss,37o.00 BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations PX No effect on Budgetary Fund Balanc X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer funds from the Big Canyon Reservoir Disinfection Modification Capital Project Account to the Reclaimed Water Irrigation Improvement Capital Project Account. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Fund Account Description 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) FundlDivisionAccount Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7502 Water System Repair Program Account Number C5500291 Big Cnyn Reservoir Disinfect Mod $99,370.00 Division Account Division Account Division Account Signed: 106igned: Signed: Number 7501 Distribution and Piping Number C5500075 Reclaimed Water Irrigation Program Number Number Number Number City Council Approval: City Clerk • Automatic Credit $99,370.00 Date s- Date Date Cilp of Newport Beach •NO. BA- 066 BUDGET AMENDMENT 1997 -98 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations A HX Transfer Budget Appropriations X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: AMOUNT: $99,370.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on BudWary_EL no Balanc . This budget amendment is requested to provide for the following: To transfer funds from the Big Canyon Reservoir Disinfection Modification Capital Project Account to the Reclaimed Water Irrigation Improvement Capital Project Account. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Fund Account Description 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Accoun Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7502 Water System Repair Program Account Number C5500291 Big Cnyn Reservoir Disinfect Mod $99,370.00 Division Number 7501 Distribution and Piping Account Number C5500075 Reclaimed Water Irrigation Program Division Number Account Number Division Number Account Number Automatic Signed: — financial Approv : Fina a irector Signed: A i trat' a pproval: City Manager Signed: 4 11,T" ,,L M . &2� City Council Approval: City Clerk Credit $99,370.00 Date Date Date PUMP STATION LICENSE AGREEMENT THIS PUMP STATION LICENSE AGREEMENT (this "Agreement ") is dated as of August _1 , 1998 by and between THE NEWPORT BEACH COUNTRY CLUB, INC., a California Corporation ( "NEWPORT BEACH COUNTRY CLUB "), and THE CITY OF NEWPORT BEACH, a municipal corporation ( "Newport Beach "). RECITALS A. Newport Beach Country Club and Newport Beach are parties to that certain Third Amended and Restated Agreement (Green Acres Reclaimed Water Project End -User Agreement for Delivery and Sale of Reclaimed Water to Newport Beach Country Club) dated as of September 30, 1996 (the "End -User Agreement "). Pursuant to the terms of the End -User Agreement, Newport Beach must construct and maintain a pump station and any related structures (collectively, the "Pump Station ") on property leased by Newport Beach Country Club (the "Site "). In accordance therewith, Newport Beach Country Club desires to grant to Newport Beach certain limited rights over portions of the Site as hereafter described in order to access the Pump Station. B. Newport Beach acknowledges that the continuous operation of the Pump Station is essential to the successful maintenance of Newport Beach Country Club's golf course at the Site. AGREEMENT NOW, THEREFORE, taking the foregoing Recitals into account and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. License Newport Beach Country Club hereby grants to Newport Beach a nonexclusive right of entry over and across those portions of the Site, shown on Exhibit "A" attached hereto, (the "License ") solely for the purposes of constructing, operating, maintaining, repairing and replacing the Pump Station generally located in the area depicted on said Exhibit "A ". Newport Beach Country Club shall have the right to approve the location, exterior appearance and noise generation level of the Pump Station, which approval shall not be unreasonably delayed or withheld. It shall not be unreasonable for Newport Beach Country Club to withhold its consent to the location of the Pump Station if it materially interferes with the use or operation of the Site by Newport Beach Country Club, its successors or assigns, members, guests, agents, employees, tenants, purchasers or any person or entity with whom Newport Beach Country Club has any business relationship, or any contractors, invitees, licensees, carriers or customers of any of the foregoing. 2. Term of License Newport Beach's rights to use the License shall terminate on the earlier of (a) the date that Newport Beach removes the Pump Station r 0 0 from the Site, (b) within sixty (60) days of receipt by Newport Beach of a notice of default under this Agreement or under the End User Agreement, if such default is not cured within such time, or (c) the date the term of the End -User Agreement ends, as such term may be extended pursuant to the terms of the End -User Agreement. 3. location of Pump Station This Agreement does not confer upon Newport Beach any right to locate the Pump Station on any portion of the Site except as shown on Exhibit "A" and except as set forth in Section 1 above. Newport Beach and its agents shall have absolutely no right to enter any other portions of the Site or any structure constructed upon the Site except for the structure enclosing the Pump Station. 4. Right to Enter Site Newport Beach and its agents shall exercise the rights granted under this Agreement at reasonable times during normal business hours and in a reasonable manner; provided, however, the Pump Station is experiencing a malfunction and /or an emergency situation is occurring, after hours entry is permitted solely to remedy such malfunction or emergency situation. 5. Damage to the Site Neither Newport Beach nor its agents, contractors or employees shall in the exercise of its rights or the performance of its duties under this Agreement cause any damage to the Site. If Newport Beach or its agents, contractors or employees cause any damage to the Site in the exercise of its rights or the performance of its duties under this Agreement, including, without limitation, any damage to any landscaped area, Newport Beach shall cause the same to be repaired at Newport Beach's expense within ten (10) days of demand by Newport Beach Country Club. If Newport Beach fails to repair such damages within such period, Newport Beach Country Club may perform such repairs and obtain reimbursement from Newport Beach for the cost thereof. Newport Beach agrees to make payment within sixty (60) days of receipt of written request for reimbursement. 6. Repair of Pum p Station Newport Beach shall cause the Pump Station to be incorporated into (a) the alarm system currently operated by Newport Beach for all other pump stations that it maintains, which system causes alarms to alert Newport Beach personnel whenever a pump station is experiencing problems, or (b) any such system that is adopted in the future by Newport Beach that provides notice to Newport Beach personnel that a certain pump station is experiencing problems. Newport Beach further covenants that it will respond to problems that the Pump Station is experiencing in accordance with Newport Beach's standard policies and procedures and within a period of time that is commensurate with the period of time that it takes Newport Beach to respond to the problems of all of the other pump stations that it maintains. Newport Beach Country Club acknowledges and agrees that, in the event that more than one pump station is experiencing problems at the same time, Newport Beach will respond first to the problem that poses the greatest threat to the public. Notwithstanding the foregoing, Newport Beach covenants to make best efforts to ensure that Newport Beach Country Club will not be without Project Water for a period longer than 24 hours. f:\ groups\pubworks\agmt\98\newport cc reclaimed ps.doc 7. Maintenance of Pump Station Newport Beach shall provide scheduled maintenance to the Pump Station that is commensurate with the scheduled maintenance that Newport Beach provides to the other pump stations that it operates. Newport Beach shall (a) cooperate with Newport Beach Country Club in designing a maintenance schedule, (b) keep Newport Beach Country Club informed of the maintenance schedule and any variations therefrom, and (c) make every effort to avoid having to shut down the Pump Station during such maintenance. Newport Beach Country Club shall cooperate with Newport Beach in designing a maintenance schedule. 8. lndemniflcatiQn: Remediation (a) Newport Beach shall indemnify, defend and hold harmless Newport Beach Country Club and its successors and assigns, partners, members, principals, officers, directors, shareholders, direct and indirect agents, employees and representatives from and against all claims, suits, causes of action, injuries, damages, losses and liabilities of any kind whatsoever, regardless of by or against whom caused or instigated, to the extent arising directly or indirectly out of (i) Newport Beach's construction, operation, maintenance, repair, replacement or other use of the Pump Station and /or Site; (ii) the presence on the Site of the Pump Station; (iii) the activities on the Site of Newport Beach or its agents, employees, contractors, carriers, invitees or licensees; or (iv) Newport Beach's failure to provide Project Water to the Site as provided in the End User Agreement. (b) If in the process of exercising any rights under this Agreement, Newport Beach and/or its agents cause any Hazardous Materials to be released onto Site, Newport Beach shall promptly (but in no event more than ten (10) days after written demand by Newport Beach Country Club) commence and diligently prosecute to completion the remediation of the same under all applicable laws, and indemnify, defend and hold harmless Newport Beach Country Club and its successors and assigns, partners, members, principals, officers, directors, shareholders, direct and indirect agents, employees and representatives from and against all claims, suits, causes of action, injuries, damages, losses and liabilities of any kind whatsoever, regardless of by or against whom caused or instigated, arising directly or indirectly out of such release of Hazardous Materials. If Newport Beach fails to timely remediate such contamination, Newport Beach Country Club shall have the right to exercise any self -help remedies and obtain reimbursement from Newport Beach for the cost of such self -help remedies. Newport Beach agrees to make payment within sixty (60) days of receipt of written request for reimbursement. (c) As used in this Agreement, the term "Environmental Laws" means all federal, state or local laws, ordinances, regulations, orders and directives pertaining to Hazardous Materials on, about or adjacent to any portion of the Site, or generally dealing with the public health and safety and the protection of the environment. As used in this Agreement, the term "Hazardous Materials" shall mean any oil or petrochemical products, pcbs, asbestos, urea formaldehyde, salts, flammable f:l groupslpubworkslagmt1981newport cc reclaimed ps.doc • 0 explosives, radioactive materials, hazardous wastes, toxic, corrosive, mutagenic or pathogenic substances or related materials, including, without limitation, any substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "toxic substances" or any similar term under any applicable Environmental Law. 8. Qpsts of Enforcement If any legal or equitable action or proceeding is instituted to enforce or interpret any provision of this Agreement, the prevailing party in such action shall be entitled to recover from the losing party all of its costs, including court costs and reasonable attomeys' fees. 10. Captions The paragraph headings or captions used herein are for convenience only and are not a part of this Agreement and do not limit, define or amplify the scope or intent of the provisions hereof. 11. Governing Law This Agreement shall be governed by and construed in accordance with the internal laws of the State of California without reference to any conflicts or choice of law principles. 12. Counterparts This Agreement may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re- attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. 13. Entire Agreement This Agreement and the agreements referenced herein contain the entire agreement between the parties relating to the subject matter thereof. Any oral or other written representations or statements concerning the subject matter thereof shall be of no force or effect. 14. Successors This Agreement shall inure to and bind Newport Beach Country Club and its successors and assigns in leasehold title to the Site and each and every portion thereof. Newport Beach shall have no right to transfer or assign its rights or obligations under this Agreement. f:\ groups\pubworks\agmtt98\newport cc reclaimed ps.doc f 0 0 IN WITNESS WHEREOF, the parties herein have executed this Agreement as of the date first above written. CITY OF NEWPORT BEACH, a m46cipai corporation fRobert Burnham, Esq. City Attorney ATTEST: LaVonne Harkless City Clerk IOWA- j w THE NEWPORT BEACH COUNTRY CLUB, INC., a California corporation zae� e dent f: \groupslpubworkslagmt1981newport cc reclaimed ps.doc r { {I I I w 1 I I I �� W� •� � x J 1 1�1 i 25 j III � i I III�I j � I t I z III j � •:� ! � r'� 1,10 I � III I I ,� z a I Ii i to lar w * 1• j l t II l t GREEN ACRES RECLAIMED WATER PROJECT CITY OF NEWPORT BEACH ',. BIG CANYON AND NEWPORT BEACH "'W COUNTRY CLUB PUMP STATIONS ElAft A �A" DAM � m M