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HomeMy WebLinkAboutC-3547 - Fuel System Upgrades at City Hall0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC July 22, 2004 Tafoya & Associates, Inc. 15471 Central Avenue Chino, CA 91710 Subject: Fuel System Upgrades (C -3547) To Whom It May Concern: On July 22, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on September 4, 2003. The Surety for the contract is American Contractors Indemnity Company, and the bond number is 166064. Enclosed is the Faithful Performance Bond. Sincerely, c In, 4 LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Lloyd Dalton, Design Engineer enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • PREMIUM BASED ON FINAL CONTRACT PRICE PREMIUM: $1,720.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 BOND NO. 166064 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ _ $1,720.00 being at the rate of $ 30.00 PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Tafoys & Associates, Inc., hereinafter designated as the "Principal", a contract for construction of FUEL SYSTEM UPGRADES, Contract No. 3547 in the City of Newport Beach, in strict conformity 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. 3547 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of fifty -seven thousand, three hundred twenty -one and 001100 Dollars ($57,321.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or falls to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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. 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 accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, It Is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN Vj(ITNESS WHEREOF, this instrument has been duly executed by the Principal and name "n the q_ day of oraogu , 2002. & /xssociates,'Inc. (Principal) AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety 23232 PERALTA DR., STE. 222 LAGUNA HILLS, CA 92653 Address of Surety 949 - 461 -7000 Telephone AMERICAN CONTRACTORS INDEMNITY COMPANY Authorized Signature/Title Agent Signature YUNG T. MULLICR, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF On ORANGE to a lot, before me, JENNIFER C. GIBONEY NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK 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 acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT 3I C. PiIBON EY It COMM. #1251235 NOTARY RI E COUNTYORNIA ORANGE COUNTY � 6` J My Comm. Exp. Jan. 23. 2004 rr (SEAL) 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC September 4, 2003 Tafoya & Associates, Inc. 15471 Central Avenue Chino, CA 91710 Subject: Fuel System Upgrades (C -3547) To Whom It May Concern: On July 22, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 31, 2003, Reference No. 2003000915855. The Surety for the contract is American Contractors Indemnity Company, and the bond number is 166064. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Lloyd Dalton, Project Manager encl. 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach. Califomia 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 www.ciiy.newport- beach.ca.us • PREMIUM INCLUDED IN PERFORMA BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO, 3547 BOND NO.166064 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Tafoya & Associates, Inc., hereinafter designated as the "Principal," a contract for construction of FUEL SYSTEM UPGRADES, Contract No. 3547 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. 3547 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall 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, AMERICAN CONTRACTORS INDEMNITY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of fifty -seven thousand, three hundred twenty-one and 001100 Dollars ($57,321.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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, 26 The Bond shall 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 actton to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an Individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, thi! Principal Surety, on the 9 Tafok a ssoci tes, Inc. (Principal) instrument has been duly executed by the above named day of OCTOBER , 2002. AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety 23232 PERALTA DR., STE. 222 LAGUNA HILLS, CA 92653 Address of Surety 949 -461 -7000 Telephone AMERICAN CONTRACTORS INDEMNITY COMPANY Agent Signature YUNG T. MULLICC, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF On ORANGE lQlQ 11)2 before me, JENNIFER C. GIBONEY NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK 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 acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT (SEAL) Z7117Y 1I-� JENNIFER C. t CON11M. #1251235 NOTARY PUBLIC-CALIFORNIA o ORANGE COUNTY a ]My Comm. Exp. Jan. 23, 2004 \I— (SEAL) 0 A • American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company "), and having its principal office in Los Angeles, California does hereby constitute and appoint: Jennifer C. Giboney, James W. Moilanen, Yung T. Mullick as its true and lawful Attorney(s) -in -fact, in amount of $_1_1000 1 000.00 to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, s5all be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the Rh day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorney(s) -in -fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attomey -in -fact and revoke the authority given RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 11th day of January 2000 1F1r'uRt1 AMERICAN CONTRACTORS XEM Tyri vilANY O��i/ 1Nmurow,ll� z By: l SEn.. 26,1990 Andy Faust, President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On January 11, 2000 before me, Deborah Reese , personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ... WITNESS my hand and official seal. DEBORAH REESE Commission n 1205480 � -� Notary PuoiiC — Calitom,o / Los Angeles County My Comm. � lan 16, 2X,13 �I CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IIN TESTIMONY WHEREOF, I have hereunto set my hand this 9 day of OCTOBER James H. Ferg_son�Secte!an= 2002 Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder RECORDING REQUESTED BY AND IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE WHEN RECORDED RETURN TO: 2003000915855 09:10am 07131103 ,!_ .'l:,.'�' 213 109 N12 1 .11 City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording ees pursuant to Government Code Section 6103" I� NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, 1 Newport Beach, California, 92663, as Owner, and Tafoya & Associates, Inc., of Chino, California, as Contractor, entered into a Contract on October 8. 2002. Said Contract set forth certain improvements, as follows: Fuel System Upgrades (C -3547 Work on said Contract was completed on June 25. 2003, and was found to be acceptable on July 22. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. i City L' VERIFICATION Norks Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. i City Clerk amuc 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC July 23, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Bonita Canyon Sports Park Project (C- 3270); Notice of Completion for the Zone II and IV Pump Station Electrical Improvements Project (C- 3417); Notice of Completion for the Fuel Systems Upgrade Project (C- 3547); and Notice of Completion for the Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School Project (C -3587) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 . www.city.newport- beach.ca.us E RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE. IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Tafoya & Associates, Inc., of Chino, California, as Contractor, entered into a Contract on October 8, 2002. Said Contract set forth certain improvements, as follows: Fuel System Upgrades (C -3547) Work on said Contract was completed on June 25, 2003, and was found to be acceptable on July 22 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. Y Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on - J� ; ^ 3 at Newport Beach, California. i % � � � ' � �' BY �'1. %'L, G''`7L,u` �1 ✓� 2,�apORre City Clerk • • C j�`� 11 / CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. io July 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, P.E. SUBJECT: FUEL SYSTEM UPGRADES — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3547 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after City Council acceptance. DISCUSSION: On October 8, 2002, the City Council awarded Contract No. 3547 to Tafoya & Associates, Inc. This design -build contract required Tafoya to prepare plans and specifications, obtain permits and construct upgrades upon underground fuel tank systems at City Hall, the Corporation Yard, and the Fire and Police facilities on Santa Barbara Drive. The work included replacing the fuel dispenser at City Hall and performing secondary containment tests upon the facilities as mandated by California SB 989. (Secondary containment facilities are those that collect fuel that has leaked from primary containment facilities; e.g., pipes, hoses, dispensers, tanks, etc.) The contract work has now been completed to the satisfaction of the Public Works Department. A summary of the final contract cost is as follows: Original award amount: $57,321.00 Actual amount of bid items constructed: $57,321.00 Total amount of change orders: $25,668.99 Final contract cost: $82,989.99 SUBJECT: Fuel System Upgrad.Completion and Acceptance of Contract No. 3547• July 22, 2003 Page 2 The increase in the contract amount was due an unanticipated change order that was needed at the Police facility. The change order paid Tafoya for 1) modifying fuel pipe at the emergency generator to comply with unforeseen conditions at the site, 2) providing exploratory excavations to locate underground fuel pipe at the site, and 3) replacing the remaining single wall pipe with double wall. Funds for the project were expended from the following account: Description Fuel System Upgrades Account No. Amount 7611- C6120683 $82,989.99 All work was completed by June 25, 2003. The scheduled completion date of December 31, 2002 was extended to allow for the extra work at the Police facility as described above. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Submitted by: m (j. baoum, r Works Director Prepared by: LloyfDalton, PE Desrign Engineer David E. Niederhaus, Director General Services Department C 359 C -35L47 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 May 13, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU CITY FROM: Public Works Department Lois Thompson, Administrative Manager 949 -644 -3311 Ithompson@city.newport-beach.ca.us SUBJECT: FUEL SYSTEM UPGRADES C -3547 —APPROVAL OF EXTRA WORK RECOMMENDATIONS: 1. Authorize the Public Works Director to approve Change Order No. 1 in the amount of $27,000, which provides for additional work and an approximate $1,300 for soils testing anticipated for environmental clearance of the fuel system upgrades at City Hall. 2. Approve a Budget Amendment appropriating $17,000 from the unappropriated balance of the Equipment Replacement Fund to Account No. 7611- C6120683. DISCUSSION On October 8, 2002, Council awarded a contract to Tafoya & Associates Inc., for a 'design - build' project. The contract specified the contractor would prepare plans and specifications, obtain permits, and construct upgrades upon underground fuel tank systems at City Hall, the Corporation Yard, and the Santa Barbara Drive Police and Fire facilities. In addition, the contract specified replacement of the fuel dispenser located at City Hall. Due to unforeseen conditions, work was needed to provide materials and installation of additional dual wall fuel supply lines and modification of piping for the emergency generator at the Police Department. This work amounted to $25,690.60 in additional costs. Change Order No. 1 will result in a 44.82% increase over the original project cost and therefore requires City Council approval. In addition, the Construction Inspector anticipates an additional $1,300 for soils testing and environmental clearance will be needed to close out the project. Additional funds in the amount of $17,000 will be needed to complete the project. The funds are available in the unappropriated balance of the Equipment Replacement Fund and can be appropriated to Account No. 7611- C6120683 to accommodate the additional work. Prepared by: Submitted by: Lois Thompson Step 66 !Badum Public Works Administrative Manager "Public rks Director Attachments: Contract C3547 - Change Order No. 1 CITY OF NEWPORT BEACH CONTRACT CHANGE ORDER PROJECT TITLE: CONTRACTOR: ENCUMBRANCE NO.: ORIGINAL CONTRACT: COMPLETION DATE: CONTRACT NO. 3547 Fuel System Upgrades Tofoya & Associates E068302 $57,321.00 31- Dec -02 • SEW PpR� p� 9Ll FO AN CHANGE ORDER: PAGE: CCO SUMMARY COST: CCO TOTAL IN 1 1 OF 1 25,690.60 44.82% CHANGE REQUESTED BY: City CO. TYPE: LUMP SUM DESCRIPTION: Provide additional dual wall piping as directed. following changes are hereby incorporated into the project plans and specifications: I INCREASE IDECREASE I 1) Provide materials and installation of additional dual wall fuel supply lines at police department as per attached invoice #664 of 3/18/03). 1 $19,639.00 2) Modify piping to emergency generator at police department to comply with unforseen conditions at site as per attached invoice #669 of 3/20/03. 6,051.60 CHANGE IN CONTRACT TIME 20- CALENDAR DAYS NET CHANGE $ 25,690.60 We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: CONTRACTOR: TOFOYA & ASSOCIATES BY: APPROVAL RECOMMENDED: TITLE: CONSTRUCTION ENGINEER DATE: APPROVED: DATE: PUBLIC WORKS DIRECTOR amity of Newport Beach BUDGETAMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 068 AMOUNT: $17,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditures related to the Fuel System Upgrade Project, C -3547. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 610 3605 REVENUE ESTIMATES (360 1) FundlDivision Account EXPENDITURE APPROPRIATIONS (3603) Description Equipment Maintenance Fund Balance Description Debit $17,000.00 ' Credit Description Division Number 7611 Equipment Maintenance Account Number C6120683 Fuel System Upgrades $17,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: { �/�i�l/J t� , /h-G�— S� 7�d3 Financia / Approvpal: Administrative Services Director Date ^� Signed: �Administrative Apprcival: City Manager Date Signed: City Council Approval: City Clerk Date Pity of Newport Beacho BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE NO. BA- 068 AMOUNT: $17,000.00 Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations BY THE CITY COUNCIL CITY OF NEWPORT BEACH from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditures related to the Fuel System Upgrade Project, C -3547, ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 610 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Administrative Description Equipment Maintenance Fund Balance Description Description 7611 Equipment Maintenance C6120683 Fuel System Upgrades N Administrative Services Director City Manager City Council Approval: Amount Debit Credit $17,000.00 ' Automatic $17,D00.00 s- 7 -d3 Date O ate Date . • CITY CLERK 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 11:00 a.m. on the 25th day of September 2002, at which time such bids shall be opened and read for FUEL SYSTEM UPGRADES Title of Project Contract No. 3547 $60,000 Engineer's Estimate Approved by afien G. Badum c Works Director P\�PBvE pN � BSc <Y ne�poK IP`�mrtm hP Ilc��slP�b� Prospective bidders may obtain one set of bid documents at actual cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 A prebid meeting will commence at 8:00 a.m. on September 20, 2002, at the Police Department, 870 Santa Barbara Drive. Contractor License Classification(s) required for this project: _A_ For further information, call Lloyd Dalton, Project Manager at (949) 644 -3328 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 In CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 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. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code 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. Contractor's License No. & Classification J �� Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal SUM Of TEN PERCENT OF BID AMOUNT Dollars ($ 107 OF BID ), to be paid and forfeited to the Clty of Newport Beach if the bid proposal of the undersigned Principal for the construction of FUEL SYSTEM UPGRADES, Contract No. 3547 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 falls to duly enter into and execute the Contract Documents and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 16 day of SEPTEMBER .2002. TAFOYA & ASSOCIATES, INC. Name of Contractor (Principal) AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety 23232 PERALTA DR., STE. 222 LAGUNA HILLS, CA 92653 Address of Surety 949 - 461 -7000 Telephone Authorized Signature T. MULLICK, ATTORNEY -'N -FACT Print Name and Title (Notary acknowledgment of Principal $ Surety must be attached) 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF On cl ORANGE before me, JENNIFER C. GIBONEY NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK 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 acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Y PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT JENNIFER 0. GISONEY al / COMM. #1251235 :F 0 °c NOTARY PUBLIC- CALIFORNIA E ° Y ORANGE COUNTY 7 My Comm. Exp. Jan. 23, 2004 [ T (SEAL) American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company "), and having its principal office in Los Angeles, California does hereby constitute and appoint: Jennifer C. Giboney, James W. Moilanen, Yung T. Mullick as its true and lawful Attorne s -m -fact, in amount of $ 1,000,000.00 to execute, seal and deliver for and on its behalf as surety, y, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be al lowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary. ,hall have power and authority. I. To appoint Attorney(s) -in -fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attomey -in -fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seat to be affixed by its authorized officer this 11th day of January 7000 . �1p,ptiuRJ'yL AMERICAN CONTRACTORS WZY MPANY IN(OPORAiEO ? By: SEPi. 26, 1990 ^ Andy Faust, President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On January 11, 2000 before me, Deborah Reese , personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. -- WITNESS my hand and official seal. DEBORAH REESE Commission p 1205480 z @my otary Puo6c — Cowomio Los Angeles County CERTIFICATION Comm. bpees Jan t 6, 230 3 I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COh1E4N'f, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 16 day of SEPTEMBER 2002 4. 3 VJames H. Ferguson, Secretary• 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 DESIGNATION OF SUBCONTRACTORS) 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. (Use additional sheets if needed) Subcontractor's Name, Address, Telephone # Bid Item Number Description of Work Percent of Total Bid Bidder Auth ze ignatureMtle 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name / . FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No.1 _ Project Name /Number Project Description RZ7tjO✓A —lel� e11ND �G>✓Sj�'tlC"j /D �`/ Approximate Construction Dates: From 7�061 To: 1012 /7/ ,0U Agency Name e . / n, OF ZfV//✓O f/ /LG Contact Person ,C&7y Telephone (/dy) Original Contract Amount % Final Contract Amount $ :� 31 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. • No. 2 Project Name /Number Z#110 70V eF L y)CI'7y/t7�j /f,21`70 Project Description et -M61 ✓c V PA ,4 C ?icrA✓y T/ 1,,-S Approximate Construction Dates: From G -,� /o✓ To: Agency Name L / F G %t %✓✓ii Contact Person 199,S. C ) 4 Telephone 66 ?) Original Contract Amount Final Contract Amount $ 117G 1f. L, If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Numl Project Description �PC lob LOOM 2 .01 ) $icy Approximate Construction Dates: From j y To: Agency NameTfrhli" owtZt)l'a I /�1UJ2"Ie%1C(ioel Contact Person � � r PAR Telephone t7/¢* Ali %'1v21V Original Contract Amount $ M Final Contract Amount $ - Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 4 Project Name /Number Lj�1Wk l meLYJ1Y )FWoMi //0 )' '&I'y "D, %! Project Description &JTR6oM&7ddY/ 7616 ,1 PORK Approximate Construction Dates: From b / To: Agency Name 01q OF 6111W O Contact Person Ac � Telephone Original Contract Amount Final Contract Amount $ amount is different from original, extra Did you file any claims against the Agency? Did the Agency file any claims againsjyou /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number�/�� //�jf}/)A Project Description qWtfi f 'X-- lac Approximate Construction Dates: From _To: Agency Name 1111U-S Contact Person 77�:D �7� ���� Telephone ( w Original Contract Amount 0�Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims againstypu /Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 Project Name /Number Project Description Approximate construction Dates: I-rom I[71i • - 0" I its % i . /._.i Contact Person �(/� s�i� /779d, QLJ4 Telephone (/3) 6 Y -z 55 % / Original Contract Amount $ 53o. Final Contract Amount $ i 1. If final amount,, different fromioriginajl, please explain Cchange prders, extra work, etc.) e Did you file any claims against the Aoncy? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. 3,Z41 z Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other sufficiently comprehensive to permit an appraisal of the Contractor's curr conditions. ---) Zi Bidder 10 1)n1! L TAFOYA &ASSOCIATES UNDERGROUND TANK SERVICES TAFOYA & ASSOCIATES SERVING AMERICAN INDUSTRY & THE ENVIRONMENT 15471 Central Avenue Chino Hills, California 91710 -9107 Phone(909)606 -6322 Fax (909) 606 -6324 State Lic. # A631479 Tafoya & Associates, Inc. is a General Engineering Contractor specializing in the removal, installation and service of under ground fueling storage tanks and piping systems. Fully bonded, insured and holding a Class A license from the State of California, Tafoya & Associates also holds a "Hazardous Substances Removal and Remedial Actions Certification." The management of Tafoya & Associates have more than thirty -five years of experience in the fueling industry, developing and managing programs for the United States government municipalities such as the Federal Court House, City and County Fire Departments, oil refineries such as Ultramar as well as Private industry. Whether constructing or servicing fuel systems, managing underground storage tanks or cleaning up contaminated sites, Tafoya & Associates has the experienced personnel to monitor each step of the program, maintain open lines of communication with the client and maintain contact with governmental agencies to insure that we keep in step with the changing environmental regulations. FUEL SYSTEMS 8 UNDERGROUND STORAGE TANKS Tafoya & Associates is experienced in all types of fuel systems such as gas stations, fuel distribution centers, product piping systems and delivery systems. Our technicians are trained by pump, tank and monitoring manufacturers and are certified when classes are complete. Management programs for underground storage tanks including the testing, repair, removal, upgrading or new installation will be presented to the client to meet with time constraints and the operating budget and to bring the project into compliance. We have full capabilities in both personnel and equipment for all phases of construction and meet all quality control and inspection checklists. SITE CLEAN -UP Tafoya & Associates designs programs for the clean up of contaminated soils or ground water to ensure clients the best long -term liability control as well as the lowest costs. The disposal of contaminated materials are handled to meet the proper environmental regulations. Ground water is treated or disposed of properly while contaminated soils receive soil treatments or it is taken to an approved disposal facilities. Clean backfill is provided and compacted to engineering specifications "A" General Engineerf'Haz" Hazardous Substance Removal and Remedial Actions Certification _ • • 15471 Central Avenue Chino Hills, California 91710 -9107 Phone (909) 606 -6322 TAFOYA &ASSOCIATES State (Li0c.# A631479 UNDERGROUND TANK SERVICES TAFOYA 8 ASSOCIATES, INC. USING TODAY S TECHNOLOGY TO BUILD A BETTER TOMORROW Since the Industrial Revolution, new methods and technologies have been the foundation of growth for business and industry throughout the world. Only in recent years, do we understand the long term affects on our environment. Now, the same energy and creativeness that enabled us to establish an unprecedented standard of living is responding to the new needs of our society. New methods, new products and new techniques are enabling us to give the greatest legacy of all... a clean environment. Tafoya & Associates is proud to be part of this industry and has made a commitment to serve with responsibility, integrity and quality. Thank you in advance for your time and consideration. If we can be of any assistance to you please do not hesitate to contact us. We hope that we can do business together in the near future. We look forward to hearing from you soon. "A" General Engineerf'Haz" Hazardous Substance Removal and Remedial Actions Certification September 25, 2002 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Attention: Office of the City Clerk Per your request Tafoya & Associates is submitting a list of references; Carberry & Associates 24325 San Fernando Road Newhall, Ca 91321 -2932 Contact: Mr. Terry Carberry (661) 253 -4440 City of Chino Hills 15091 La Palma Drive Chino, Ca 91709 Contact: Mr. Tad Garrety (909) 364 -2807 Metropolitan Stevedore Company 720 East "E" Street Wilmington, Ca 90748 Contact: Mr. Leo Langle (310) 816 -6608 Federal Reserve Bank of San Francisco 950 South Grand Avenue Los Angeles, Ca 90015 Contact: Mr. Sal Manzella (213) 683 -2551 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ),,o 0 , being first duly sworn, deposesays that he or she is of Y the party making the forego ft bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the St foregoing is true and correct. 1 �) g115`0 YV 9� es �16'Wre 5, Ti✓L Bidder ' i Subscribed and sworn to before me this day of �, %r� /pp , 2002. [SEAL] �-JANGELAD A BE ENI LST Notary UbIIC COMM. #1303549 f't T ARY ALIFORNIA M Commission Ex Tres t m (@MN SAN BERNARDINO COUN y p ,�y Comm. Expires May 6, 2005 11 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 DESIGNATION OF SURETIES Bidders name % yfJ Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): -Zy3 aky- W, 202 `ra 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name n,,,76_, Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2001 2000 1999 1998 1997 Total 2002 No. of contracts Total dollar Amount of 4�5% ,{ Contracts (in Thousands of $ No. of fatalities .$ B- F No. of lost Workday Cases $ $ 8 d Y No. of lost workday cases involving permanent fi. !� (✓ transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 O Legal Business Name of Bidder AF A S.SL C =i ES Business; Address: 15, jkAL yc, ji✓0 / //0 Business Tel. No.: State Contractor's License No. and Classification: /o21 </A L,/a i c Title �2ESid 4✓i The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those words. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 ACKNOWLEDGEMENT OF ADDENDA Bidders name Zf�,Om �G% SbCiAT�cS� 1�i1�C The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation Business Address: 154-11 CZ7Y'/e iL- M1 5741E 6,'11W0 69 7/7/U Telephone and Fax Number: California State Contractor's License No. and Class: �e J1,41V (REQUIRED AT TIME OF AWARD) `` Original Date Issued: /D 3 ` Expiration Date: /C�/3/Z�1-1 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone q Corporation organized under the laws of the State of 0&4ff IAIJA 16 9 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes / to Are any claims or actions unresolved or outstanding? Yes /( 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. - >9 am V_ Bidder QPIC kPV iAFo (Print name^ofwner or P. of COpor ion Compa6y�) Title A Date ' Subscribed and swom to before me this day of � "h0 � 12002. [SEAL] WN 0 T A RY P B LIG GELA DABELSTEIN COMM#1303549 d' U U CALIFORNIA [� AN BERNAROINO COUNTY m Comm. Expires May 6, 2005 ., . M 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 CONTRACT 9 THIS AGREEMENT, entered into this 8th day of October, 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Tafoya & Associates, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: FUEL SYSTEM UPGRADES Project Description 3547 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. 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 Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3547, Standard Specifications for Public Works Construction (current adopted 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. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. KV, 0 0 C. COMPENSATION 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 fifty -seven thousand, three hundred twenty-one and 00/100 Dollars ($57,321.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. 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. E. 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 CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lloyd Dalton (949) 644 -3328 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Tafoya & Associates, Inc. 15471 Central Avenue Chino, CA 91710 909 - 606 -6322 909 - 606 -6324 Fax Contractor, by executing this Contract, "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." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original 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 21 r� L 0 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. 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) 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. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. 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. 22 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, 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. ii. 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. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. 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. v. 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. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) 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. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. 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 23 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Rioht to Stop Work for Non - Compliance City shall have the right to direct 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. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. 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 City from the sole negligence or willful misconduct of City, its officers or employees. 4. 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. 5. 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 H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. 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. L • • •' . 41 CITY OF NEWPORT BEACH A Municipal Corporation By: �� Z Mayor TAFOYA & ASSOCIATES, INC. By. L Aut ri d Sicffiature and Title LCORD.. CERTIFICATE F LIABILITY INSURANCE A 5/2y"002 PRODUCER ^PLC Insurance Services, Inc. 176 South Laurel Avenue Brea, CA 92821 714- 255 -0422 THIS CERTIFICATE IS I D AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# _ INSURED Ta oya & Associates, Inc. 15471 Central Avenue Chino Hills, CA 91710 INSURER A. Ai=aric� in ialty Ll.. POLICYEFFECTIVE DATE INSURER B: Commerce West LIMITS INSURER INSURER D: _ INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAW. wilt L" 118RD TYPE OF N U POLICY NUMBER POLICYEFFECTIVE DATE POUCYEXPIRATIUN DATE LIMITS AUTHORIZED REPR NTATIVE GENERAL LIABILITY EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMSMADE ©OCCUR PREMISES a occumnoe S VIED EXP(Any one person) $ / A X ntractors 9351917 04/05/02 04/05/04 PERSONAL &ADVIWURV 8 / O u lOn GENERAL AGGREGATE $ / / GENL AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP/OP AGG $ / / POLICY jE T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Ea accident) $1,000,000 BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS B HIRED AUTOS NON-0WNEDAUTOS CCV- 345774 04/05/02 04/05/03 X BODILY (PeraaideMtlDM) -�- $ PROPERTY DAMAGE (Peraciidert) $ GARAGE UAR TTY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC E ANYAUTO $ AUTOONLV: AGO EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CI CLAIMSMADE AGGREGATE $ _ $ DEDUCTIBLE $ RETENTION $ WORXERSCOMPENSATIONAND EMPLOYERS LIABILITY ANY PROPRIETOPIPARTRERrFtECUITVE I TORVLIMRS I 15ETR' E.L. EACH ACCIDENT $ E . DISEASE - EA EMPLOYE $ ORHCERAO3.BER UCU D D9 k WE describewn SPECIAL PROVISIONS below ELDISEASE- POLICYLIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The Certificate Holder is added as Additional Insured to the General Liability but only as respects all covered operations of the Named Insured. * 10 day notice of cancellation for nonpayment of premium CERTIFICATE HOLDER CANCELLATION ACORD25 (2001=) ®ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI City of Newport Beach DATE THEREOF, THE ISSUING INSURER VIKX %4KgI[ 'V MAIL* 30 DAYS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BjffiQLX %XMUA% X9i 3300 Newport Blvd. " A°R�€A44PtA°kAkli'n°RRX2"X}€7N4 �7I4€44? Newport Beach, CA 92658 AUTHORIZED REPR NTATIVE ACORD25 (2001=) ®ACORD CORPORATION 1988 POLICY HUIIoft 4t 3 51917 INSURED. Tafoya & Associates, Inc. INK1RANCE COMPANY: American International Specialty Lines TM ENDORSWMSNT CMMOES THE POLICY. PLEASE RE4W IT CAREFULLY ., . - 11drendoraenrorMnwwon knuraweap wrier"Mrall 'a' r7 -71 00 =77: = : City of Newport. Beach, its officers, agents, officials, employees Public Works Department and volunteers 3300 Newport Blvd. Newport Beach, CA' 92658 If no entry appears above, inf uwAlon to cMq*W rids endmVenMI WIII be shown in the Declere8ona as splicable to rift endorsemeft) WHO IS AN INSURED (Section Iq is amended to include as an kmMd on person or Or ion shown M the Sri, M ** with respect to (lability arising art of "yMW work' for 09t inaxed ti by or for you. IT IS FURTHER AGREED that such insurance as it is afforded by this policy or by these policies fbr the benefit of the additional insured (s) shown above shall be primary insurance, but only as respects any claims, loss or liability arising out of the operations of the named insured (s) his sub - contractors or material men or suppliers and any insurance maintained by the additional insured (s) shall.be excess and non - contributing. ` CO20 io i18S' CpPMft trptga M ale VMM OUos, (wa.18e4 Nov.01 02 05:21p TLC Insurance Services 714 -255 -0423 • • ENDORSEMENT NO. 17 This endorsement, effective 12:01AM, 04/05/02 Forms a part of Policy No: Issued to: CC V- 3 4 5 7 7 4 By: Tafoya & Associates, Inc. Commerce West COVERAGE A, B AND C ENHANCEMENT ENDORSEMENT ADDITIONAL INSURED - OWNERS. LESSEES OR CONTRACTORS FOR COVERAGES A. B AND C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL AUTO SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT AND EVIDENCED BY A CERTIFICATE OF INSURANCE ON FILE WITH THE COMPANY p.2 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) It is hereby agreed that Section II of the policy, WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule above as respects Insuring Agreements A, B and C, but only with respect to liability arising out of your ongoing operations performed for that insured. It is further agreed that naming the above as an insured does not serve to increase the Company's liability as specified in the Declarations of this policy. All other terms, conditions and exclusions remain the same. City of Newport Beach, its officers, agents, officials employee and volunteers Public Works Department AUTHORIZED R RESET TATIVE or countersignature (in states whdm applicable) 71142 (7/98) PAGE 1 OF 1 . CFEVICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OCTOBER 8, 2002 GROUP: POLICY NUMBER: 1511718 -2002 CERTIFICATE ID: 45 CERTIFICATE EXPIRES: 04 -01 -2003 04 -01- 2002/04 -01 -2003 CITY OF NEWPORT BEACH PUBLIC WORKS DEPT. P.O. BOX 1768 NEWPORT BEACH CA 92658 -8915 CONTRACT #3547 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terns, exclusions, and conditions, of such policies. AUTHORIZED REPRESEMATNE PRESIDEIR EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04 -01 -2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 10 -08 -2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH PUBLIC WORKS DEPT. EMPIOYER TAFOYA, EDDIE TAFOYA & ASSOCIATES 15471 CENTRAL AVE CHINO CA 91710 3CIF 10=3 rrFF -UI: CO 1 OCT -23 -2002 WED 08:24 AM CAL SURANCE OCt -22. 2002 3:46PM QN&D,lc FAX NO. 7149391654 Works 54y-t44.3JIb . No CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEMENT e� CERTIFICATE OF INSURANCE CHECKLIST P, 01 DIBY r• Z (Di0,P,)0Z THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED BY THE CITY OF NEWPORT BEACH. COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: - rA^FO', A 4p5 I RTES I. GENERAL LIABILITY: A INSURANCE COMPANY: A LIkIJ 1NTLQt+1A I AI . a°...WCrAtArl I.INR5 B. AM BEST RATING (A VII or greWAr): C. ADMITTED COMPANY: (Must be Calirornla A�nlnad) Is company admitted in Califomia? Yes_ No:�- D. LIMITS: (Must be $1,000,000 greater) A Mt s limit provldsd7 E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is It Included? Yds ✓Fla_ F. ADDITIONAL INSURED WORDING TO INCLUDE: (The City, Its omcem, agerrb, Rftlals, employees, and volunteers). Is It Included? Yes No_ G. PRIMARY AND NON CONTRIBUTORY WORDING (Must be Included) Is t included? Yes ✓o H. CAUnONI (Confirm that loss or liability of the Named Insured is not limited solely by their negligence.) L Does endorsement indude "solely by negligence" warding? Yes_ No J NOTIFICATION OF CANCELLATION: Although them Is a provision that requires notifieatiof1 of cancellation by certified mats per the City's Risk Manager, the CNywlu only accept the u%AII mail .5D day written notice to the cetllticate holder named to the left." wording. 11. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: C wv-ef- B. AM BEST RATING (A VII or greater) V C. ADMITTED COMPANY: (MUST BE ADMITTED) Is company admitted? Yesq NO D. LIMITS: (Must be $1,000,000 minimum BI & PD and $600,000 UM) What Is Nmits provided J m , ) E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City, Its officers, agents, 011111 0, emPloyaea. and volunteers). Is it included? Yea No_✓ PRIMARY AND NON CONTRIBUTORY WORDING (Must be included for Waste Haulers ONLY), la It "Included? Yea_ Nc G. NOTIFICATION OF CANCELLATION: Although there Is a provision that requires noffipalpri of cancellation by certfed mail par the Cty's Risk Manager, the City will accept the "Will mat daywritten not cs to the cettBkate holder named to the lot." wording.. III.WORKERS COMPENSATION: A INSURANCE COMPANY: STA COMP B. AM BEST RATING (A %At or greater) q rrf- ra4T-c� C. LIMITS: Statutory D. WAVIER OF SURROGATIOW (To Include). Is it Included? Yes, No— HAVE ALL ABOVE REQUIREMENT$ BEEN MET? Yes IF NO. WHICH ITEMS NEED TO BE COMPLETED?_ , Please make sure you have met each requirement before submitting your Insurances to the City. Attach the required endorsements to the certificates. K you have any questions, please eat Shaun Oyler (90) 6443311. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL FUEL SYSTEM UPGRADES CONTRACT NO. 3547 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 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 design, obtain permits for, furnish materials for, and perform all work required to complete Contract No. 3547 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following lump sums, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Dollars and Cents Per Lump Sum 2. Lump Sum Provide upgrades at City hall @I 1 Dollars and Cents Per Lump Sum 3. Lump Sum Provide upgrades at Corporation Yard @ /. ') • Dollars and _ Cents $ 1 , 41' Per Lump Sum • • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Provide upgrades at Police Department and Fire Station @ �`� i �L� . Dollars and Per Lump Sum TOTAL PRICE IN WRITTEN WORDS - .,5t ✓en -�hoasand -%hree ha, ,7dre,-1 � - kVCnN -Ong and Cents Date ek Bid'der's Telephofie and Fax Numbers G �i�7(f- Bidder's License and Classification(s) 1171 7 LI Total Price (Figures) 1_ / _� qr ya f'iSl /TIC= Bidder Bid er's thorized Signature and Title i.5 -/ii ze- r*,e /, 6 /? -. C�/,, �o ew >1,71 C) Bidder's Address 0 0 1 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 6 6 6 7 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS FUEL SYSTEM UPGRADES CONTRACT NO. 3547 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 1 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 6 6 6 7 0 0 7 -8.5 Temporary Light, Power and Water 7 7 -8.6 Water Pollution Control 7 7 -8.8 Steel Plates 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 PROCEDURE FOR SECONDARY CONTIANMENT TESTING OF UNDERGROUND STORAGE TANKS • • SP 1 OF 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FUEL SYSTEM UPGRADES CONTRACT NO. 3547 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. M- 5280 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work to be done under this design -build contract consists of preparing detailed plans and specifications, obtaining permits, constructing upgrades and performing testing of certain fuel storage and dispensing facilities at three sites as shown within bubbles on Sheets 1, 2, and 3 of Drawing No. M- 5280 -S and as specified below: Site One: Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92663 1. Saw cut PCC slab over existing unleaded tank fill sump. Remove and dispose of materials. • • SP2OF9 2. Excavate as necessary for removal of existing fill sump, and down to the top of the tank. 3. Replace existing fill /turbine sump on 12,000 gallon unleaded Trusco Supertank with a fiberglass sump. Modify double wall piping as necessary for connection through sump (note: existing double -wall piping is manufactured by A.O. Smith). 4. Remove existing fuel dispenser, replace with a Gasboy brand single product, single hose dispenser. Dispenser containment must be included, and containment pan must have a liquid sensor for connection to the existing Veeder -Root TLS -300 monitor. 5. Re- install the existing 48" offset CNI manway and ring, which will allow access to the fill pipe and turbine. Backfill with granular material or PCC slurry and reconstruct PCC slab. 6. Perform secondary containment testing on unleaded tank and piping. Site Two: Newport Beach Corporation Yard 592 Superior Avenue Newport Beach, CA 92663 1. Saw cut PCC slab over existing diesel tank fill sump. Remove and dispose of materials. 2. Excavate as necessary for removal of existing fill sump, and down to the top of the tank. 3. Replace existing fill /turbine sump on 12,000- gallon diesel Trusco Supertank with a fiberglass sump. Modify double wall piping as necessary for connection through sump (note: existing double -wall piping is manufactured by A.O. Smith). 4. Install a new 48" offset CNI manway and ring, which will allow access to the fill pipe and turbine. Backfill with granular material or PCC slurry and reconstruct PCC slab. 5. Perform secondary containment testing on diesel tank, two 10,000- gallon single - wall unleaded tanks, and a 1,000 - gallon waste oil tank. Site Three: Newport Beach Police Department 870 Santa Barbara Drive Newport Beach, CA 92660 Unleaded Tank: 1. Saw cut PCC slab over existing unleaded tank fill /turbine sump. Remove and dispose of materials. 2. Excavate as necessary for removal of existing fill sump, and down to the top of the tank. 3. Replace existing fill/turbine sump on 20,000 gallon unleaded Trusco Supertank with a fiberglass sump. Modify double wall piping as necessary for connection through sump (note: existing double -wall piping is manufactured by A.O. Smith). 0 • SP3OF9 4. Re- install the existing 48" offset CNI manway and ring, which will allow access to the fill pipe and turbine. Backfill with granular material or PCC slurry and reconstruct PCC slab. 5. Perform secondary containment testing on unleaded tank and piping Diesel Tank: 1. Saw cut PCC slab over existing diesel turbine sump. Saw cut trenches through asphalt concrete and PCC pavement over galvanized fuel pipe between the diesel tank and Fire Station and Police Department emergency generators. Remove and dispose of materials. 2. Excavate as necessary for removal of existing galvanized pipe and fill sump, and down to the top of the tank. 3. Replace existing fill /turbine sump on 6,000 - gallon diesel Trusco Supertank with a fiberglass sump. Modify double wall piping to dispenser as necessary for connection through sump (note: existing double -wall piping is manufactured by A.O. Smith). 4. Remove existing galvanized pipe from the top of the tank to the Fire Station generator and from the top of the tank to the Police Department generator. Replace with flexible pipe of sufficient capacity to deliver fuel to the generators. Pipe must allow secondary testing. 5. Reset the existing 48 -inch offset CNI manway over the turbine sump in a new concrete slab. 6. Perform secondary containment testing on diesel tank and piping." SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup 0 0 SP4OF9 of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. The Contractor shall perform SB 989 testing in accordance with the "Procedure for Secondary Containment Testing of Underground Storage Tanks' attached hereto." SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. The schedule may be either bar chart or CPM style. No construction shall begin until all contract documents have been approved by the City, a "Notice to Proceed" has been issued by the City, a pre- construction meeting has been held with the Engineer, and a schedule of work has been approved by the Engineer. Work shall be fully completed at Sites One and Two in a phase and at Site Three in another phase. The schedule shall indicate the sequence of such requirements. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work • 0 SP5OF9 shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." The term "work" as used herein shall include furnishing acceptable contract documents, demolition, removal, construction, installation, adjustment, testing, backfill, compaction, cleanup, etc. 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work of each phase within 15 consecutive working days. SIB 9$9 Secondary Containment Testing required under this contract shall be completed by December 31, 2002. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24th (1/2 days for Christmas Eve), December 25th (Christmas) and January 31st (1/2 day for New Years Eve). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are 7:00 a.m. to 4:30 p.m. Monday through Friday. Should the Contractor elect to work outside normal working hours, he shall first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 7:00 a.m. to 6 p.m. on weekends. A request to work during any of these hours shall be made at least 72 hours in advance of the desired time period. A separate request shall be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. • • SP6O1`8 In addition, the Contractor shall pay any and all penalties imposed upon the City by other agencies for failure to complete Secondary Containment Testing by December 31, 2002, pursuant to the provisions of SB 989, California's Underground Storage Tank Program. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to minimize inconvenience to City staff and the public as a result of the construction operations, and to avoid the assessment of SB 989 penalties." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Replace this section with, "The Contractor shall obtain, as a portion of his design- construct contract services, construction permits that are issued by the City of Newport Beach's Building Department. In addition, the Contractor shall obtain approvals of the Orange County Health Care Agency, Environmental Health Hazardous Materials Management Section and the South Coast Air Quality Management District (if required). Said permits and approvals shall provide for constructing and testing all items as specified in Section 2 -6 herein. City of Newport Beach Building Department plan check and construction inspection fees will be waived. The Contractor shall prepare and submit all plans and specifications that are required by the Building Department, the Environmental Health Hazardous Materials Management Section and the South Coast Air Quality Management District for plan check, approval and permit issuance. The plans shall be drawn on standard 24 -inch by 36 -inch City of Newport Beach sheets that will be furnished gratis by the Engineer. Said submittals shall bear the seal of a registered professional engineer that is licensed by the State of California to prepare such work." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City Fire and Police Departments will be using their facilities continuously during construction. City staff will be using City Hall and the Corporation Yard on all normal working days during construction. Accordingly, • the Contractor shall maintain vehicle access to fuel dispensers at all times except as permitted otherwise by the Engineer; • the Contractor shall maintain fuel dispensers in service at all times outside of normal working hours; • at the end of each working day, the Contractor shall securely cover tank excavations with steel plate; and • the Contractor's and his workers' personal vehicles shall park on the side street to the Fire Department [Bombero] while that phase of work is being performed. City forces will replace asphalt concrete paving, asphalt slurry and parking lot striping." • • SP7O1`9 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "The Contractor may use City power free of charge. If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage, repair charges for damage to the meter, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for renting the trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor shall call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "The City will provide the Contractor an area for storing equipment and materials at each site. Equipment and materials will be stored in parking lots or streets only with the Engineer's prior approval. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 0 0 CERTIFIED UNIFIED PROGRAM AGENCY County of Orange, Health Care Agency, Environmental Health Hazardous Materials Management Section 2009 E. Edinger Ave., Santa Ana, CA 92705 PROCEDURE FOR SECONDARY CONTAINMENT TESTING OF UNDERGROUND STORAGE TANKS This information is provided as a general guideline for testing secondary containment systems in accordance with the Health and Safety Code (HSC), Chapter 6.7 and California Code of Regulations (CCR), Title 23, Division 3, Chapter 16. Secondary testing must be conducted within six months of installation (as of July 1, 2001) and every three years thereafter. Existing sites must be tested by January 1, 2003 and every three years thereafter. All submissions of proposed methods for secondary containment testing must be evaluated by this Agency, prior to testing. Compliance with applicable laws, regulations and this procedure will be reviewed. A letter of approval or denial will be provided to the owner of the underground tank(s) and a copy will be provided to the party submitting the proposal if different from the tank owner. Once a proposal has been approved by this Agency, it may be used to test any number of facilities. Any deviation from an originally approved proposal will require re- submittal. NOTIFICATION After approval of the proposed test methods, a 48 -hour notification must be provided to this Agency. Notifications and test method proposals may be made to the attention of Brenda Puepke by e -mail bpuepkeg.lica.co.oranne.ca.us or FAX (714) 568 -5116. Individual district inspectors will be provided a copy of the notifications and may choose to observe the secondary containment testing. TESTER QUALIFICATIONS Persons performing secondary containment testing must possess one or more of the following: • State Contractors License (A General, C -10, C -34, C -36, C -61 or D -40), or • Primary tester is manufacturer trained and has current certification for the equipment to be tested, or • Primary tester possesses a valid California Tank Testing License, or • Primary tester is a licensed tank installer. SECONDARY TESTING All testing must be conducted in compliance with CCR 2637(a)(2) and industry safety standards. At a minimum, each testing method must be at least as stringent as when tested at installation. If a manufacturer's test protocol is not available for testing any component, the following standard should be used: • Tank Annular Space — Test at 5 psi with an inert gas (pressure) or 10 inches of mercury (vacuum) for 60 minutes (20,000 gallon tanks -120 minutes) • Piping (secondary) — Test at 5 psi with an inert gas (pressure) for 60 minutes • Sumps (tank and dispenser) — Hydrostatic (liquid) test at a level 2 inches above highest piping penetration. (Piping includes product, vent, vapor and siphon) • Testing equipment must have the capability of measuring to + 0.002 inches • Two test periods of 15 minutes each must be conducted on each sump. If the result of these test periods is -0.002 inches or less, the test is considered passed. All gauges used to conduct secondary testing must be calibrated once every 6 months and meet the following criteria: • Dial gauges must have a dial size of 4 inches and accuracy of 0.5% of dial span • Dial gauges must be glycerin - filled and have a range of 0 to 15 (pressure) or 0 to 30 (vacuum) • Digital gauges must read pressure to 0.01 psi and have an accuracy of 0.5% of scale Any deviation from the above noted test minimums requires pre- approval from this Agency and submission of manufacturer's guidelines, industry code or PE stamped documentation. If the testing method fails to meet the required criteria, it will result in the rejection of the test and the requirements not satisfied. For all test methods, the pass /fail threshold is determined by the capability of the test equipment used. No actual loss (i.e. leak rate) is considered acceptable. The facility and underground tanks may remain in operation during testing, if safety, test method and site characteristics allow. If a disconnection or programming change is made to the leak detection system for testing purposes, verification or proper operation must be assured before leaving the site. REPAIRS All repairs are classified as system modifications including minor "fixes" and must be approved by Orange County Environmental Health. Some repairs will require a permit from this or other agencies. Consult your district inspector for advice on repairs or permits. Repairs must be conducted in accordance with the manufacturer's recommendations for a long -term fix. Methods for repairing secondary containment systems are expected to last the lifetime of the system. Any failure of a secondary system test will require repair by a qualified individual at the earliest possible date. All retests will require the oversight of a District Inspector. REPORT A report documenting the secondary containment testing must be submitted to OC Environmental Health within thirty (30) days of test completion. At a minimum, this report must include supporting documentation and the following: • A description of pre -test activities (tightening, caulking, etc.) • Date of test • Tester qualifications • Type and manufacturer of each secondary containment system • Length of test • Height of water (hydrostatic) — beginning and end of test • Test pressure or vacuum — beginning and end of test • Results — pass or fail • Disposition of any waste water /debris generated from sump cleaning Note: The State's secondary testing form may be used for reporting the above noted information. Provide units and dimensions when appropriate to assist in evaluating results. A report that does not contain the minimum requirements will be rejected. A rejected report will result in the testing requirements not satisfied. If you should require further assistance or clarification of this guideline, please contact this Agency at (714) 667 -3600. Revised 7117102 • 1 • 1 • SPSOF9 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, the Contractor shall notify the City's Police Department, Parking Control Division, at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS. A set of construction plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" plans of all work as the job progresses. A separate set of plans shall be maintained for this purpose. The As -Built plans shall be kept up -to -date and reviewed by the Engineer at the time each progress invoice is submitted. The Contractor shall submit Mylar As -Built plans to the Engineer prior to final payment or release of bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. The Contractor shall provide suitable facilities to access, inspect, and copy this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment; preparing plans; obtaining permits; setup and cleanup onsite; and providing all services needed to complete the item of work in place, and no other compensation will be allowed therefor. • SP9OF9 Mobilization shall include bidding; providing bonds, insurance and financing; preparing a construction schedule; attending a preconstruction meeting; and providing other work of a general nature as required by the Contract Documents." 0 TO: Mayor and Members of the City Council FROM: Public Works Department General Services Department . �33i October 8, 2002 CITY COUNCIL AGENDA ITEM NO. 9 SUBJECT: FUEL SYSTEM UPGRADES —AWARD OF CONTRACT NO. 3547 RECOMMENDATIONS: 1. Approve the plans and specifications. [U M i 2. Award Contract No. 3547 to Tafoya & Associates, Inc., for the total bid amount of $57,321.00, and authorize the Mayor and the City Clerk to execute the contract 3. Establish an amount of $10,000 to cover the cost of unforeseen work. DISCUSSION: At 11:00 a.m. on September 25, 2002, the City Clerk opened and read the following total bid amounts for this project: BIDDER Low Tafoya & Associates, Inc. 2 Aviation Environmental Services 3 J. C. Palomar Construction, Inc. 4 Geofon, Inc. 5 Fleming Environmental Inc. TOTAL BID AMOUNT 57, 321.00 58,639.40 64,600.00 92,195.77 93,399.10 * Corrected total bid amount is $58,640.00 The low base bid amount is 4'/2 percent below the Engineers Estimate of $60,000. The low bidder, Tafoya & Associates, Inc., possesses a General Engineering Class A Contractor's license and holds a "Hazardous Substances Removal and Remedial Actions Certification." Tafoya has not performed previous contract work for the City; however, a check with their references and the Contractors State License Board indicates Tafoya has satisfactorily completed fuel system and general engineering projects for other agencies and has no pending actions that could be detrimental to their contractor's licenses, respectively. Subject: Fuel System UpgI es — Award of Contract No. 3547 41 October 8, 2002 Page: 2 PROJECT DESCRIPTION This is a 'design - build' project. The contract specifies that the contractor will prepare plans and specifications, obtain permits, and construct upgrades upon underground fuel tank systems at City Hall, the Corporation Yard, and the Santa Barbara Drive Police and Fire facilities. In addition, the contract specifies replacement of the fuel dispenser located at City Hall. The contractor must then perform secondary containment tests upon the facilities as mandated by California SB 989. 'Secondary containment' refers to devices that collect fuels that leak or spill from their primary containments, e.g., pipes, hoses, dispensers, tanks, etc. These secondary containment tests must be completed by January 1, 2003. Adequate funds are available for award and unforeseen work in the following account: Account Description Fuel System Upgrades Respectfully submitted, WORKS DEPARTMENT Stephen G. Badum, Director .17,x_. Attachment: Bid Summary Account Number Amount 7611- C6120683 $67,321.00 GENERAL SERVICES DEPARTMENT David E. Niederhaus, Director Z Q W m a 3 W Z 0 I Z W a W Y 0 3 U w J :0 7 a w 0 0. m ti = ui v u 0 � Y U � _ �n U N V Z F O D m m G a�+ np e O 9 U � J Li 7 Li y � W m'Z�z w w uu w a d m a n v rr 11 a' F ut m 0 G A O d n a 3 O o O O ¢ Z 0 ti m Q M aOi [ ll� N r oQP�'m n'vi 5 w 0 o O o t� O m N O w Z M m tt N� Z m r m n Z N o m o m v m .. o Z N Q N M m m m o N N M d m a n v rr 11 a' F ut m 0 G A O d n a 3 CTf-,' OF NEWPORT IACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2002 Aviation Environmental Services 15330 Cholame Road Victorville, CA 92392 Gentlemen: Thank you for your courtesy in submitting a bid for the Fuel System Upgrades Project (Contract No. 3547) 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 CITY OF NEWPORT BEACH Bond No. 64065 -08 PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executory, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of SEVEN THOUSAND FIVE HUNDRED -- AND 00 /100THS- ----- Dollars ($7, 500.00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of FUEL SYSTEM UPGRADES, Contract No. 3547 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 and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from Its obligations under this Bond. Witness our hands this 24th day of September 2002. David C. Whitman dba AVIATION ENVIRONMENTAL SERVICES CiWw ✓ Name of Contractor (Principal) rgnaturemtleJJ AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety A ized Agent Signature 9841 Airport Blvd., 9th Floor Los Angeles, CA 90045 Address of Surety (800)316 -5699 Telephone Janelle L. Miller, attorney -iP fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company "), and having its principal office in Los Angeles, California does hereby constitute and appoint: Sanelle L. Miller as its true and lawful Attorney(s) -in -fact, in amount of $ 1.500, 000.00 to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorneys) -in -fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attomey -in -fact and revoke the authority given RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsirile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS COMPANY has caused this instrument to be signed a00its corporate seal to be affixed by its authorized officer this day of , LIU AMERICAN CONTRACT�E �QMPANY I INCORPORATED By: z SEPT.26, IM Andy Faust. President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On March 10, 2000 before me, Deborah Reese , personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DBORM RE ESE Commission 0 1205480 .� Notory PutXc— Califorttia /� Los Angeles County W Comm. Eiw ion 16, M03 CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 24th day of September 2002 . James H. Ferguson, Secreta:r • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles I On September 24, 2002 , before me, B. Caindec, Notary Public Dale Name and Title of O fiver (e.g.. *Jane Doe, Notary Public) personally appeared Sanelle L. Miller Name($) of Sgne'M 8. CAINDEC O COMM. No. 1262521 ; r NOTARYPUBLIC CALIFORNIA U LOS ANGELES COUNTY My Comm. Exp. May 28.2001 Place Notary Seal Above EXpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(%) whose nameT4 is /NMi subscribed to the within instrument and acknowledged to me thatl8t /sherAn executed the same in 7=her /UIM authorized capacity, and that by Xfher /NJWK signature( on the instrument the perso*), or the entity upon behalf of which the person(X) acted, executed the instrument. WITNESS my h d nd official seal. naNre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(jgr# Claimed by Signer Signer's Name: Tanel l p T._ Mi 11 Pr ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner — ❑ Limited ❑ General 5t Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Signer Is Representing: American Contractors Indemni RIGHT THUMBPRINT OF SIGNER 0 1990 National Nolary Aa Mllcn • 9350 De Solo Ave., P.O. 60. 2Q2 • Claleamlt,. OA 91313 -2,02 • ww Wiorelmlaryag Pm6 No. 5907 Raomac COW Fnaa 1 806076G 7 CI"i' OF NEWPORT t!ACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 6443005 November 13, 2002 Fleming Environmental Inc. 6130 Valley View Street Buena Park, CA 90620 -1030 Gentlemen: Thank you for your courtesy in submitting a bid for the Fuel System Upgrades Project (Contract No. 3547) 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, d'dU " M. %�IaK' LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach SEP -18 -2002 WED 02:50 PM Fleming Env FAX N0. 7142289231 P. 02 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT (FUEL SYSTEM UPGRADES CONTRACT NO_354Z BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, Heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID Dollars ($ 10% OF BID - - -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of FUEL SYSTEM UPGRADES, Contract No. 3547 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 and provide the required original insurance documents for the construction of the project within thirty (30) days (not Including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 19TR day of SEPTEMBER 2002 FLEMING ENVIRONMENTAL, INC. Name of Contractor (Principal) uthorized Signs rerfllle TERRY L. FLEMING, JR. PRESIDENq' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety Auth6rizedi Agent Sign ire 21688 GATEWAY CENTER DR. DIAMOND BAR, CA 91765 Address of Surety (909) 612 -3000 Telephone MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) State of California County of Oranae On 09/24/02 before me, Jennifer Martin — Notary Public (DATE) (NAME/TITLE OF OFFICER) Personally appeared Terry L. Fleming, Jr. (NAME(S) OF SIGNER(S)) i Personally known to me - OR - i W VCOUNTY D ❑ 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 acknowledgement to me that he /she /they executed the same in 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 my hand and official seal. (SEAL) I \ , / I I ') A Martin - / Notary Public ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording Of this document is not required by law and is also optional. It could, however, prevent Fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document $gner(s) Other Than Named CAPACITY CLAIMED BY SIGNER'S r INDIVIDUAL(S) .. •,•. OFFICERS(S) PRESIDENT r PARTNERS) r LIMITED r GENERAL r ATTORNEY IN FACT r TRUSTEE(S) r GUARDIAWCONSERvAToR r OTHER SIGNER IS REPRESENTING: (Name of Person(s) or EntMies) Fleming Environmental Inc. CAPACITY CLAIMED BY SIGNER(S) r NDNDIwL(s) r CORPORATE OFFICERS) (TITLES) r PARTNERS) r LIMITED r GENERAL r ATTORNEY IN FACT r TRUSTEE(S) I- GUARDIANCONSERVATOR OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE I ss. On SEPTEMBER 19, 2002 before me, M. TREDINNICR, NOTARY PUBLIC Date Name and Title of Ol9rer (e.9., 0.1an , Doe, Notary Public') personally appeared MICHAEL A. QUIGLEY Names) of Signer(s) M. TREDINNICK .. Commission # 1213054 ,Notary Public — California _> Orange County My Comm. Expires Mar 26, 2003 ® personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(i) whose name(H) is /M subscribed to the within instrument and acknowledged to me that heALNNMMexecuted the same in his /bOMMIOr authorized capacity0M), and that by his /NXiMM M signature(s) on the instrument the person(gp, or the entity upon behalf of which the personoq acted, executed the instrument. =:,)c,a eal. Place Notary Seal Above I. Signature of Notary PuC is OPTIONAL Though the information below is-not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual • Corporate Officer —' Title(s): • Partner —❑ Limited C General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1997 National Nolary Asaxiation • 9350 De Soto Ave., P.O. Boa 2402 • Clata north, CA 91313 -2402 Prod. No. 5907 Reorder Call Toll6ree 1- 800-8766627 TRAVELER UALTY AND SURETY COMPANY OF CA RS CASUALTY AND SURETY COMPA -FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06193 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY. COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the " Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael A. Quigley, of Aliso Viejo, California, their trite and lawful Attomey(s)- in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the torture of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is trade under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any. Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognuaaces, contracts of indemnity, and other writings obligatory in the nature of a band, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: 'That any bond, recognizance, contract . of indemnity, or writing obligatory in the nature of a bond, recognvanice, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of au2haity or by ane or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect- VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or.certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company m the fume with respect to any bond or undertaking to which it is attached (8-977) CT Y OF NEWPORT I�ACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 6443005 November 13, 2002 J.C. Palomar Construction Inc. 2627 South Main Street Santa Ana, CA 92707 Gentlemen: Thank you for your courtesy in submitting a bid for the Fuel System Upgrades Project (Contract No. 3547) 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, t1ad urPM.W'A """ LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH BOND No- 166048 -01 PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally six and firmmlyFbWuungAaS City of Newport Beach, a charter city, in the principal sum of AND NO /100 * * *** * * ** Dollars ($ 6,500.00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of FUEL SYSTEM UPGRADES, Contract No. 3547 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 and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 24TH day of SEPTEMBER 2002. J.C. PALOMAR CONSTRUCTION, INC. Name of Contractor (Principal) JOE AMERICAN CONTRACTORS UMEMITY COMPANY J Q---) ' Name of Surety Authorized tpn fignature 10231 SLATER AVE., STE. 202 FOUNTAIN VALLEY, CALIFORNIA 92708 Address of Surety (800) 316 -5695 Telephone SUERIE L. BELL, ATTOPBFY —IN —FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) Americth Contractors Indemnity Colpany 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 07-5615 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Peggy Stearns or Sherie L. Bell of Fountain Valley, CA Its true and lawful Attomey(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ `•`1,500,000.00Doliws." This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s) -in -Fact and to authorize them to execute on behalfofthe Company, and attach the seal ofthe Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereofand, 2. To remove, at any time, anv such Attorney -in fact and revoke the authority given. RESOL VED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the Ist day of September, 2000. AMERICAN CONTRACTORS INDEMNITY COMPANY IN(ORPORAED� C^d %Carl i!GfY+6� Slin %,1990 e o By: � (tip►' Andy T. Faust, Jr., Corporate President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 1 st day of September, 2000 before me personally came Andy T. Faust, Jr., Corporate President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal ormma.l. Virgilio, Notary NORMA J. VIRGILIO 72310 Commission • 13 lie Nobtry Public - California f Los Angela County MyCalr En*WSOP 27.7005 rn. 1, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 24th day of Bond No. 166048 -01 Agency No. #9007 September 200 2 Spa- 14-3 enjo�&� JAMES H. FERGUSON, orporate Secretary ,r, POA04120/01 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On September 249 2007before me, PEGGY STEADS NOTARY PUBLIC Dale Name and Tile d 0ffc le.g „'Jere Doe. Notary Poeae) personally appeared Sherie L. Bell Namels) d s',pterls) Comm4)sion a 1212599 Notary Public- California Orange County uy Comm. Expires Mar 7,20M rv�a Place Notary Seal Above personally known to me sx proved to me on the basis of satisfactory evidence to be the person(IQ whose name(%) is /M subscribed to the within instrument and acknowledged to me that kWsheRfliEgcexecuted the same in M /her /XKW authorized capacity(}e, and that by bWherltMX signatureoe) on the instrument the person(K), or the entity upon behalf of which the personQ6) acted, executed a instrument.. WITNESS and and offici6t t. seal. I / of Notary Poblc OPTIONAL though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 166048-01 Title or Type of Document: SURETY BOND NO. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): Partner Limited C General %% Attorney in Fad Trustee Guardian or Conservator .. ' Other. Number of Pages: Signer Is Representing: AMERICAN CONTRACTORS INDEMNITY COMPANY RIGNr TNUMBPRMr Or SIGNER C 1997 Natq l Notary Assoc,atwn • 93AJ De Soo, Ave PO Box 2402 - Chatsworth CA 913132402 Prod No 5907 Reorder Call Toll -Free 1400 - 816-6827 CJ'V OF NEWPORT AEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644 -3005 November 13, 2002 Geofon Inc. 22632 Golden Springs Dr., Suite 270 Diamond Bar, CA 91765 Gentlemen: Thank you for your courtesy in submitting a bid for the Fuel System Upgrades Project (Contract No. 3547) 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL SYSTEM UPGRADES CONTRACT NO. 3547 10 :ew We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the princi al sum of Ten Percent of the Amount Bid Dollars ($ 18°0 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of FUEL. SYSTEM UPGRADES, Contract No. 3547 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 and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 25th day of September , 2002. Geofon, Inc. Name of Contractor (Principal) Gulf Insurance Company Name of Surety 110 West "A" Street, Suite 1805 San Diego, CA 92101 Authorized M. Wager, Attorney -in -Fact Address of Surety Print Name and Title 800 - 708 -0589 Telephone President (Notary acknowledgment of Principal & Surety must be attached) • GULF INSURANCE COMPANY• HARTFORD, CONNECTICUT POWER OF ATTORNEY.. ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys) -in -fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint James P. Schabarum II, Jeffrey W. Cavignac, Robert R Supple Michael R. Strahau, M. Wager its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and /or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s) -in -fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NCECO GULF INSURANCE COMPANY OR r4 Yt SEAL �. STATE OF NEW YORK l P SS n�MvEcttcs COUNTY OF NEW YORK J Lawrence P. ress r Executive Vice President On this 1st day of October, AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly swom, did depose and say: that he resides in the County of Bergen, State at New Jersey; that he is the Executive Vice President of the Gull Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. � Y STATE OF NEW YORK l SS 7 0Z/B�xO COUNTY OF NEWYORK J 01C NEN ANGIE MAHABIR - BEGAZO Notary Public, State of New York No. OINM6019988 Qualified in Kings County Commission Expires February 16, 2003 I, the undersigned, Senior Vice President of the Gull Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. �S�nANCE co, Hated the 25th day or Se tember • 20 02 Signed and Sealed at the City of New York. �� yq P c,� 4�PPn�JF pt SEAL >�� YNECt G George Biancardi Senior Vice President CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of San Diego On September 25, 2002 before me, Pannv F- Ral l av, NaYary Pnhl i r , Dale ante am ime of OXicer e.B'lalu Ooe. NDlery Pudlc'7 personally appeared M. Wager Namala) OI $,�N1751 m LLEY 5656 IFORNIA H NTV A 2004 I*ersonally known to me C proved to me on the basis of satisfactory evidence to be the personK whose name(!Q is /atK subscribed to the within instrument and acknowledged to me thatb)f/she /Wig9(executed the same in )ft /herJM)(( authorized capacity%)q;o, and that by &ip /her / "k signature(o on the instrument the persona or the entity upon behalf of which the person)% acted, executed the instrument. my hand and OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and Could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here C Corporate Off icer — Title(s): C Partner — C Limited C General C Anorney -in -Fact O Trustee Guardian or Conservator C Other: Signer Is Representing: C 19W Nelb ? NOIDry AsS la00n - 9350 De SDIO Ave„ P,O. 90k 2402 • CDa15wDOR CA 91313-2402 - wwx.relKllalry,Vary . pp Nee. ND, 5907 PeONtl: Ce11 TdLFtee I - W-026. 27